Nunnally v. Becker
Decision Date | 15 February 1890 |
Citation | 13 S.W. 79,52 Ark. 550 |
Parties | NUNNALLY v. BECKER |
Court | Arkansas Supreme Court |
APPEAL from Lee Circuit Court, M. T. SANDERS, Judge.
Becker as administrator of M. Kohn, deceased, appealed from a judgment of the Probate Court, allowing a claim against the estate of his intestate in favor of Nunnally. The claim was for money alleged to have been deposited with the deceased and converted by him to his own use. On the trial in the Circuit Court, Nunnally, after showing that he was postmaster at Marianna on the 8th day of February, 1886, and kept his office in the store-house of the deceased, testified as follows:
This testimony having been objected to by the defendant, was excluded from the jury, and no other evidence having been offered in support of the claim, the verdict was for the defendant. The plaintiff appealed.
Section 2 of the schedule to the Constitution is as follows:
* * *
Judgment affirmed.
James P. Brown, for appellant.
The personal knowledge of appellant, that on the night of the burglary, he had funds to the amount of $ 183.57 in the safe of appellee's intestate, is not a "transaction" with said intestate, within the meaning of the proviso to sec. 2, schedule to Constitution, 1874. 26 Ark. 476; 37 id., 195; 46 id., 306; 27 N.W. 356; 26 Wis. 686; 43 id., 221; 26 N.W. 58; 25 id., 467; 1 Gr. Ev. , secs. 348, 350; 96 U.S. 37.
McCulloch & McCulloch, for appellee.
The court properly excluded the testimony. Sec. 2, schedule Const.; 26 Ark. 476; 46 id., 306; 32...
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