Crenshaw v. Bradley

Decided November 15, 1889

Supreme Court of Arkansas · decided 1889-11-15

John A. Williams, Judge. Bradley brought an action of replevin in a justice’s court against Crenshaw, for three bales of cotton. The judgment of the justice was in favor of the defendant and the plaintiff prayed an appeal, which was granted without any affidavit therefor having been filed.

Cited by 3 later decisions — most recently May 1912

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-11-15

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Per Curiam.

¶1appeals: Waiver The appellant having failed to move the Circuit Court to dismiss the appeal for want of an affidavit for appeal, cannot be heard to raise the objection here. Wilson v. Dean, 10 Ark., 309; James v. Dyer, 31 Ark., 489.

¶2Burden of proff. There was no proof that the defendant held the cotton as security for payment of a lien upon it, as counsel argues-Without denying the plaintiff’s title, he undertook to prove that he held the cotton by virtue of an agreement made with the plaintiff to the effect that he should sell it, and out of the proceeds pay the residue of an account which he claimed the plaintiff owed him. The court properly instructed the jury that-the burden was on the defendant to prove the defense thus alleged. Nothing else is complained of.

¶3Affirm.