presumption doctrine (Arkansas) · Go Syfert
← Arkansas issues

presumption doctrine in Arkansas

9 Arkansas opinions name it 2 courts 1968–2002 0 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Rockefeller v. Hoguegreen
ark · 1968 · cited in 1 Arkansas opinions naming this issue, 1996–1996
2 sentences

1996See Rockefeller v. Hogue, 244 Ark. 1029 , 429 S.W.2d 85 (1968). 2.

1996See Rockefeller v. Hogue, 244 Ark. 1029 , 429 S.W.2d 85 (1968). 2.

11
Canady v. Canadygreen
ark · 1986 · cited in 1 Arkansas opinions naming this issue, 1988–1988
2 sentences

1988See, for example, the case of Canady v. Canady, 290 Ark. 551 , 721 S.W.2d 650 (1986), where the court stated: As to the 20-acre tract, it was purchased during the marriage with Connie's premarital funds, but the deed conveyed the property to James and Connie as husband and wife.

1988See, for example, the case of Canady v. Canady, 290 Ark. 551 , 721 S.W.2d 650 (1986), where the court stated: As to the 20-acre tract, it was purchased during the marriage with Connie's premarital funds, but the deed conveyed the property to James and Connie as husband and wife.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Cassady v. Old Colony Street Railway Co. green
mass · 1903
2 sentences

1973Co., 184 Mass. 156 , 68 N.E. 10 , 63 L.R.A. 285 (1903), is most appropriate, to-wit: “It is true that, where the evidence shows the precise cause of the accident . . . there is, of course no room for the application of the doctrine of presumption.

1973Co., 184 Mass. 156 , 68 N.E. 10 , 63 L.R.A. 285 (1903), is most appropriate, to-wit: “It is true that, where the evidence shows the precise cause of the accident . . . there is, of course no room for the application of the doctrine of presumption.

21968–1973
Bushong v. Garman Co. green
ark · 1992
2 sentences

2002Appellants rely on this court’s holding in Bushong v. Garman Co., 311 Ark. 228 , 843 S.W.2d 807 (1992), to support their argument that had a warning been given by Rogers to AHTD, there is a presumption that such warning would have been heeded.

2002Appellants rely on this court’s holding in Bushong v. Garman Co., 311 Ark. 228 , 843 S.W.2d 807 (1992), to support their argument that had a warning been given by Rogers to AHTD, there is a presumption that such warning would have been heeded.

12002–2002
Thomas v. Farm Bureau Ins. Co. of Ark. green
ark · 1985
2 sentences

1996Co. of Arkansas, 287 Ark. 313 , 698 S.W.2d 508 (1985)], the principal of the school, Phil Hays, testified that the handwritten statement was not available and that the typewritten statement was taken from it, which was normal procedure.

1996Co. of Arkansas, 287 Ark. 313 , 698 S.W.2d 508 (1985)], the principal of the school, Phil Hays, testified that the handwritten statement was not available and that the typewritten statement was taken from it, which was normal procedure.

11996–1996
Klimas v. State green
ark · 1976
2 sentences

1984Both Klimas v. State, 259 Ark. 301 , 534 S.W.2d 202 (1976) and McConahay v. State, 257 Ark. 328 , 516 S.W.2d 887 (1974) state that it is the presumption of waiver of counsel from a silent record that is impermissible.

1984Both Klimas v. State, 259 Ark. 301 , 534 S.W.2d 202 (1976) and McConahay v. State, 257 Ark. 328 , 516 S.W.2d 887 (1974) state that it is the presumption of waiver of counsel from a silent record that is impermissible.

11984–1984
McConahay v. State green
ark · 1974
2 sentences

1984Both Klimas v. State, 259 Ark. 301 , 534 S.W.2d 202 (1976) and McConahay v. State, 257 Ark. 328 , 516 S.W.2d 887 (1974) state that it is the presumption of waiver of counsel from a silent record that is impermissible.

1984Both Klimas v. State, 259 Ark. 301 , 534 S.W.2d 202 (1976) and McConahay v. State, 257 Ark. 328 , 516 S.W.2d 887 (1974) state that it is the presumption of waiver of counsel from a silent record that is impermissible.

11984–1984
Arkansas State Highway Commission v. Roberts green
ark · 1969
2 sentences

1973Arkansas State Highway Commission v. Roberts, 246 Ark. 1216 , 441 S.W. 2d 808 (1969), Arkansas State Highway Commn. v. Parks, 240 Ark. 719 , 401 S.W. 2d 732 (1966).

1973Arkansas State Highway Commission v. Roberts, 246 Ark. 1216 , 441 S.W. 2d 808 (1969), Arkansas State Highway Commn. v. Parks, 240 Ark. 719 , 401 S.W. 2d 732 (1966).

11973–1973
Ark. State Highway Commission v. Parks green
ark · 1966
2 sentences

1973Arkansas State Highway Commission v. Roberts, 246 Ark. 1216 , 441 S.W. 2d 808 (1969), Arkansas State Highway Commn. v. Parks, 240 Ark. 719 , 401 S.W. 2d 732 (1966).

1973Arkansas State Highway Commission v. Roberts, 246 Ark. 1216 , 441 S.W. 2d 808 (1969), Arkansas State Highway Commn. v. Parks, 240 Ark. 719 , 401 S.W. 2d 732 (1966).

11973–1973
Boullioun v. Constantine green
ark · 1932
2 sentences

1970Appellant cites Boullioun v. Constantine, 186 Ark. 625 , 54 S. W. 2d 986 (1932).

1970Appellant cites Boullioun v. Constantine, 186 Ark. 625 , 54 S. W. 2d 986 (1932).

11970–1970

Where else courts name it

TX 159 (1926–2026) MI 135 (1857–2026) CA 90 (1866–2026) MO 51 (1858–2024) IL 46 (1890–2026) OH 44 (1956–2026) IN 43 (1896–2025) NY 39 (1904–2026) WA 32 (1894–2026) FL 30 (1914–2025) NJ 28 (1895–2026) MD 27 (1868–2026) PA 26 (1916–2025) AK 23 (1974–2025) OK 21 (1924–2012) CT 18 (1904–2021) AL 18 (1873–2026) GA 17 (1927–2024) MN 17 (1940–2024) UT 16 (1887–2025) MS 15 (1894–2013) OR 15 (1914–2020) WI 14 (1930–2021) HI 13 (1987–2025) NM 13 (1930–2025) WY 13 (1960–2024) ND 13 (1960–2023) IA 12 (1920–2025) CO 12 (1984–2024) MA 11 (1903–2024) TN 10 (1992–2019) AZ 10 (1970–2026) VA 10 (1903–2024) MT 10 (1896–2025) NE 9 (1906–2025) AR 9 (1968–2002) DC 9 (1986–2024) KY 9 (1922–2016) NV 9 (1926–2017) LA 9 (1965–2021) KS 9 (1979–2024) NC 7 (1900–2016) SD 6 (1927–2023) VT 5 (1974–2011) DE 4 (1911–2016) WV 4 (1951–2025) RI 4 (1951–2025) ME 4 (1848–1973) NH 4 (1926–2007) SC 3 (1930–2016) ID 2 (1967–1980)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check