¶1The presumption of the law is clearly in favor of the correctness of the judgment of the circuit court. True it is that the instrument sued upon appears upon its face to be barred by the statute of limitations, but it is not shown that the defendants below, desired to avail themselves of that de-fence, and in case they had actually insisted upon it, and had failed to reserve all the evidence adduced upon the trial, the legal presumption would still have been that the plaintiff introduced testimony which took it out of the operation of the statute. The presumption, of course, is much stronger where there is no showing of record that the statute was relied upon as a defence. The judgment of the circuit court is therefore presumed to be correct and is consequently in all things affirmed.
4 Ark. 69
Hensley v. Moore
Decided January 15, 1848
Supreme Court of Arkansas · decided 1848-01-15
Writ of Error to Lawrence Circuit Court. On the 28th July, 1845, Wm. Moore sued Larkin Hensley before a justice of the peace of Lawrence county, on a writing: obligatory for $23 32, dated October 11th, 1838, and due first of January,, 1839. The defendant, says the justice’s transcript,, “pleaded limitation on the case, which plea was overruled,” and judgment rendered for plaintiff for the amount of the obligation.
Cited by 1 later decisions — most recently December 1882
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1848-01-15
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