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George Rose Smith, J.
Appellant was indicted for
burglary and grand larceny and appeals from a judgment sentencing liim to imprisonment for ten years. I)odd Teague, an accomplice in the commission of tlie crimes, had pleaded guilty to a separate indictment charging him with the same offenses. The evidence was amply suf... | [
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Holt, J.
Appellant sought by this action to recover death benefits under the terms of a health and accident quarterly term policy issued by appellee September 3, 1940, to Anna Powell, appellant’s wife. Anna Powell was accidently killed January 5, 1948. Appellee, insurance company, contended that the policy was not in e... | [
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Robert A. Leflar, J.
Nathaniel Williams was convicted of the felony of possessing an illicit still, and he appeals.
(1) The original information filed in this case omitted the name of the defendant from its charging sentence, as follows: “ ... accusing............................................., of the crime of posse... | [
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Robins, J.
Appellant sued appellee for $1,533.54 which she alleged was due her (under § 9084, Pope’s Digest) for overtime work done by her as a waitress for appellee. Appellee’s answer was a general denial and plea of accord and satisfaction. A jury found issues in favor of appellee and from judgment on the verdict thi... | [
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Holt, J.
John M. Prince, appellee, sued appellant, Power Company, for a substantial sum to compensate-for personal injuries alleged to have been received at about 3:30 in the afternoon on January 15, 1948, while he was assisting his brother and father in lifting a 134-inch metal pipe from a well and the pipe came in co... | [
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Frank G. Smith, J.
Tlie issue in this case is whether or not Act 234 of the Acts of the 1949 session of the General Assembly increased the rate of income taxes by eliminating income taxes paid the United States Government .as an allowable deduction in computing the income taxes due the State. If it did so, it was done ... | [
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Holt, J.
February 8, 1948, three bachelor brothers, Frank, Louis, Jr., and Albin Grilc, were accidently killed by an explosion in a coal mine of appellant, E. H. Noel Coal Company, in Sebastian county. Appellees were their aged parents and the only surviving dependents, within the terms of our Workmen’s Compensation St... | [
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Minor W. Millwee, Justice.
This is an action- to recover accident benefits on a policy of insurance issued to appellee, Warren C. Fairchild, by appellant, Metro politan Casualty Insurance'Company of New York, on June 21, 1937. The policy provides for the payment of accident indemnity of $50 per month in case of total d... | [
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Griffin Smith, Chief Justice.
By information Albert Anglin was charged with stealing a .25 calibre pistol, “revolver type,” valued at $15, the property of Albert Horner. The appeal is from judgment on a jury’s verdict finding the defendant guilty of petit larceny and fixing his punishment at sixty days in jail and a fi... | [
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Ed. F. McFaddin, Justice.
Appellants challenge a decree of the Benton Chancery Court, and also a decree of the Washington Chancery Court (both rendered on the same evidence), in each of which decrees the Courts set aside as fraudulent certain conveyances and transactions between the appellants (defendants), and subject... | [
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George Rose Smith, J.
This suit was brought by Travis Insulating Company, L. W. Hamilton, and Federal Insurance Company, for property damage resulting from a fire caused by the appellant railroad. At the close of the testimony the only instructions offered were requests for directed verdicts. In accordance with our pra... | [
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George Rose Smith, J.
This case involves appellant’s liability for having set his dogs upon the appellee’s cow, -which had escaped from her pasture and was trespassing upon appellant’s cotton field. There was testimony to the effect that the appellant, discovering this cow and other cattle upon his property, sicked fou... | [
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Frank G. Smith, J.
Appellant, Ozan Lumber Company, brought this suit in ejectment against appellee, Smith, to recover possession of the Ey2, section 34, T. 7 S., R. 23 W., lying east of Antoine River, Clark gounty, containing 270 acres, more or less.
All parties in interest claim title through R. L. Blakeley, who enter... | [
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George Rose Smith, J.
Appellant brought this action to recover installments said to be due under a contract by which it was to act as the appellees’ resident buyer in New York City. The appellees, Collins and Ingram, are partners who own dry-goods stores in Forrest City and Wynne. By the terms of the written agree ment... | [
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Holt, J.
Appellants, Barnes and York, Negroes, were convicted of the crime of grand larceny and the punishment of each was assessed at five years in the State Penitentiary. From the judgment is this appeal.
For reversal, appellants have brought forward in their motion for a new trial twenty-nine assignments of alleged ... | [
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Griffin Smith, Chief Justice.
John Henry Speer died July 31, 1947, from a gunshot wound. The circumstances were such that family, friends, and officials who were called, believed that the .22 calibre rifle bullet entering Speer’s head slightly above the right eye was fired with suicidal intent. There was no inquest.
Sp... | [
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Ed. F. McFaddin, Justice.
Appellant, by action of replevin, sought to recover a Ford automobile from appellee. The Circuit Court trial resulted in a jury verdict; and judgment for appellee, and appellant now urges two assignments for reversal.
I. Sufficiency of the Evidence. Will Benson, a negro sharecropper on appella... | [
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Minor W. Millwee, Justice.
The J. H. Blount estate owns a 200-acre farm near Madison in St. Francis county. The St. Francis River runs on the north and east sides of the Blount lands. Appellant, Dwight R. Martin owns a farm adjoining the Blount lands on the west.
Appellee, Theo Bond, as trustee of the J. H. Blount esta... | [
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Ed. F. McFaddin, Justice.
This action is an effort to hold appellants liable because they rented an airplane to a person whose conduct caused the death of appellees ’ son.
Appellants, Garbacz and Holbert, are partners owning and operating the Central Flying Service in Little Rock. Yernon Wilkerson was a young man inter... | [
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Holt, J.
Della B. Singer died testate October 11, 1944. She left surviving her husband, appellant, now 73 years of age. Under the terms of her will, appellee, Bank, was named her executor. Appellee, May 29, 1945, brought the present suit against appellant for an accounting, alleging in substance that from about 1924 un... | [
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Griffin Smith, Chief Justice.
Appellant, a widow who worked as a seamstress, has two sons, one of whom —Bobby, 18 years of age — occasionally drove her car, sometimes using it to deliver newspapers. Marion Surman, 14 years of age, was injured in April 1948 while assisting Bobby with his work. In a suit by Virginia Hale... | [
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Ed. F. McFaddin, Justice.
A traffic collision between approaching vehicles resulted in this litigation. The plaintiff Glaze was driving west, and the defendant Newsom was driving east; and the left front portion of plaintiff’s car struck, or was struck by, the left side of defendant’s car. In the ensuing litigation tbe... | [
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Holt, J.
February 14, 1933, R. S. Warnock secured a judgment in the Columbia Circuit Court for $9,945.60 against Wade Kitchens and J. B. Wilson on a joint note, signed by each, the judgment being against them as individuals.
November 10, 1933, Warnock died and his son, R. S. Warnock, Jr., was appointed administrator of... | [
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Holt, J.
Appellant, Mothershead, owns 1,950 shares of.’ slock in the Polk-Southard Mining Company, an Arkansas Corporation, in Batesville, Arkansas. Appellees constitute a majority of the board of directors and stockholders. E. P. Douglas is its president and J. Bay Nuckols, secretary-treasurer.
This corporation acquir... | [
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Griffin Smith, Chief Justice.
Mary Ruth Reynolds, and others were record owners of eighty acres sold by the Collector for delinquent State and County taxes in November 1941. ‘ The property was purchased by Manie Schuman, to whom a Clerk’s deed was issued September 25, 1945. In a suit filed in June 1947 the record owner... | [
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Griffin Smith, Chief Justice.
In 1943 the City of Fordyce enacted an ordinance designed to regulate garages, filling stations, and bus or truck depots. Section 3 of the ordinance requires that a permit be procured as a condition precedent to the right to build a structure for any of the uses mentioned, or for convertin... | [
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Ed. F. McFaddin, Justice.
This is an action instituted hy appellee, as widow and administratrix, to recover damages for the death of Joe Williams.
Giem and Associates, hereinafter called appellants, obtained a contract to construct a dormitory on the campus of the University of Arkansas in Fayetteville. Appellants subl... | [
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Smith, J.
Prior to 1880 Wash Ballard and his two brothers owned the southeast quarter of section 33, township 1 north, range 10 west. Wash Ballard died, and M. C. Armstrong was appointed guardian of the minor children. On May 11, 1891, Armstrong filed a final settlement of his guardianship of John Ballard, the oldest o... | [
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McCulloch, C. J.
W. E. Dew, one of the appellees, held a lease for the year 1920 and other years on a farm in Ashley. County through which the Wilmot Eoad Improvement District constructed a public road. The other appellees were his sub-tenants, all of whom separately cultivated and produced crops of corn and cotton. Th... | [
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McCulloch, C. J.
Appellee was the plaintiff below in this action to recover rents on lands alleged to be due for the year 1918 under a written contract. The case was tried before the court on an agreed statement of facts. The farm which constituted the subject-matter of the lease contract was owned by appellee' and-oth... | [
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McCulloch, C. J.
'The appellant was indicted and convicted of tbe offense of allowing stock to run at large in a stock-law district in Randolph County.
Tbe statute creating tbe district (Act No. 657 of tbe Session of 1919) is a special act creating tbe district in Randolph County, but providing that tbe district shall ... | [
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Humphreys, J.
Appellant was indicted, tried and convicted in the Sevier Circuit Court for the crime of carnal abuse, and as punishment therefor sentenced to serve a period of two years in the ¡State penitentiary. Prom the judgment of conviction an appeal has been duly prosecuted to this court.
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Smith, J.
Appellee, an insurance company,- hereinafter referred to as the company, issued its policy of insurance “against all direct loss or damage by fire,” to the extent of $2,300, on a one-story, shingle roof, frame building, in the city of Little Bock, owned by the appellant Benson. The house was damaged by a fire... | [
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McCulloch, C. J.
Appellant brings up for review, by writ of certiorari, the record in proceedings before the chancellor where bail was sought. The prayer of the petition below was denied on the face of the record without the introduction of testimony. So we must test the correctness of the chancellor’s ruling by the fa... | [
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McCulloch, C. J.
D. C. Holland and appellant, T. R. Huckaby, executed a promissory note to appellee, J. F. Holland, for the sum of $1,100, the price of an automobile sold by appellee to D. C. Holland. Appellant’s name appears signed to the note as one of the joint makers, but, according to the undisputed evidence, he s... | [
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McCuleooh, C. J.
This appeal is from a judgment of conviction under an indictment charging appellant with the crime of rape. The charge is that appellant as saulted and raped a certain young woman on the night of March 19,1921, in the city of Little Bock.
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McCulloch, C. J.
Appellee instituted this action in the chancery court of Randolph County against one Dillport and the appellants, Tom Lingo and D. H. Osburn, and appellants were served with process in Lawrence County, where they reside. A decree by default was rendered in favor of appellee and against all of the defen... | [
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Humphreys, J.
Appellee instituted suit against appellant in the White Circuit Court to recover the possession of forty acres of land, alleged to be unlawfully detained by appellant, on account of his failure and refusal to enter into a written lease in accordance with an oral agreement entered into between said parties... | [
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McCulloch, C. J.
This is an action instituted in the chancery court by appellee against the town of Hoxie to quiet appellee’s title to a strip of land in the town, formerly owned by appellee’s mother, Mary A. Boaz, and dedicated by the latter to the public as a part of a certain street of the town of Hoxie. The chancer... | [
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Hart, J.,
(after stating the facts). In Jackson v. Lady, 140 Ark. 512, the court held that a deed must be so construed that all of its parts may be harmonized and stand together, if the same can be done, and yet carry out the manifest intention of the parties. The court held further that, to ascertain the intention of ... | [
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McCulloch, C. J.
Appellee owned a farm in Benton County, and listed it with appellant for sale or exchange, agreeing to pay a commission. A. L. Pickerall and L. A. Dykes also owned a farm in Benton County, and listed same with appellant, who negotiated an exchange between appellee and those parties. Under the terms of.... | [
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Humphreys, J.
Appellant instituted suit against appellee in the Crittenden Circuit Court to recover damages in the sum of $3508.42, the value of 28 bales of cotton, stored in appellee’s warehouse and destroyed by fire through appellee’s alleged negligence in permitting loose lint cotton and sawdust to remain on the gro... | [
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McCulloch, C. J.
The indictment against appellant charges grand larceny in the stealing of two cows, the property of George Carlson, and on the trial of the case the State proved the stealing of a steer, the property of Carlson.
There was no objection made to this testimony, but one of the grounds set forth in the moti... | [
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Hart, J.
T. O. Masner was convicted of the crime of carrying metal knucks as a weapon, and his punishment was fixed by the jury at a fine of $50. Judgment was rendered accordingly. The defendant then filed a motion in arrest of judgment, which, was sustained by the court, and the judgment arrested. The State of Arkansa... | [
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Smith, J.
This cause was heard in the court below on an agreed statement of facts, the essential provisions of which are as follows: S. A. Cruse died testate in January, 1899, seized of the land in controversy. He left surviving a woman to whom he had been married in due form of law in this State, and several children ... | [
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Smith, J.
Appellant has been convicted for violating section 1 of Act No. 324 of 1921 (General Acts of 1921, p. 372), which reads as follows:
“Section 1. No mash, wort or wash fit for distillation or for the manufacture of beer; wine, distilled spirits or other alcoholic liquor shall be made or fermented by any person ... | [
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Wood, J.
On April 1,, 1920, W. A. Winters was indebted to Crutcher & Company in the sum of $4500, evidenced-by promissory note of that date, due November 1, 1920, and secured by a mortgage executed on the 8th day of April, 1920, in which the property mortgaged is described as “all tlieir right, title, claim and interes... | [
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Hart, J.
This appeal challenges the correctness of a judgment of the circuit court dismissing the appeal of property owners from a judgment of the county court levying an assessment upon the real property in a drainage district to pay certain indebtedness.
Drainage District No.' 24, Craighead County, Ark., was organize... | [
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Wood, J.
The appellees instituted an action in the Logan Chancery Court against the appellant — the appellees J. W. Lovelady and A. Newman to recover compensation for the alleged taking of a right-of-way through their lands and damages to the severed parts and appellee J. C. Lovelady for damages to crops on account of ... | [
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McCulloch, C. J.
The General Assembly of 1921, by special act approved February 18, 1921, (Act No. 143) created a road improvement district in Hot Spring County and named the commissioners thereof. Authority was conferred to improve a certain road or roads, to levy assessments to pay for the same and to issue bonds. A ... | [
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Hart, J.
(after stating the facts). On the part of the plaintiff, it is contended that the two bridges contemplated in the act are four blocks apart, and that the construction of one has no relation to the other. Therefore counsel insists that the construction of the two bridges constitutes independent improvements, an... | [
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Wood, J.
This action was instituted by the appellee against the appellant for divorce and permanent alimony. The appellee alleged that she and the appellant were married in August, 1901, and lived together until February, 1919; that during their married life she had been a faithful and dutiful wife and gave the appella... | [
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Smith, J.
Appellant was convicted in the Greenwood District of Sebastian County under an indictment wbicli charged that lie “did manufacture and was unlawfully and feloniously interested in the manufacture of ardent, vinous, malt, spirituous, fermented, alcoholic and intoxicating liquors,” and has appealed. For the rev... | [
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Wood, J.
The appellant obtained a judgment in the justice court against the' appellee in the sum of $77. The appellee filed the following schedule:
“G. H. Harden, defendant in the above styled cause, states: That he is a resident of the 'State of Arkansas and the head of a family; that he is the owner of the following ... | [
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Smith, J.
Appellant Owens was given a sentence of three years in the penitentiary upon a charge of assault with intent to kill, alleged, to have been committed by shooting at one Jimmie McDowell.
The testimony on the part of the State showed that Owens and McDowell had cursed each other, following a conversation in reg... | [
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Smith, J.
Appellee was the beneficiary in a certificate issued to T. J. Lewellen, her husband., by appellant, a fraternal insurance company. The certificate was issued on the 31st day of May, 1919, and the insured died on August 13, 1919. The premium was payable monthly on the first day of each month in advance, and th... | [
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McCulloch, C. J.
On March 17, 1921, appellant applied to the building inspector of the city of Little Rock for a permit to erect a frame building on a certain lot in this city, said lot not then being within the fire limits as fixed by existing ordinances of the city. The structure was to cost approximately $1,000, and... | [
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Humphreys, J.
Appellant was indicted and tried in the Jefferson Circuit Court for murder in the first degree for shooting and killing one King Waters, found guilty of murder in the second degree, and as a punishment therefor sentenced to serve a period of twenty-one years in the State penitentiary, from which judgment ... | [
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McCulloch, C. J.
Appellee presented in the probate court of Miller County a claim for allowance against the estate of appellant’s intestate, and the case was tried in the circuit court on appeal, resulting in a verdict and judgment in favor of appellee for the allowance of the claim.
The claim of appellee is for the su... | [
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Wood, J.
This is an action for damages brought by the appellee against the appellant Ben Parker, C. G. Barton and H. Fletcher to recover of Parker, the principal, and the others as sureties on his bond, for breach of contract. The appellee set up in substance that he was the owner of the land described in the contract,... | [
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McCulloch, C. J.
Mrs. Nannie E. Sumpter, one of the appellees, was the owner of certain rear estate in the city of Hot Springs, including a lot described as lot 1 in block 112, known as the Sumpter House property, and she mortgaged it to appellant to secure an indebtedness of $14,000, evidenced by promissory note.
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McCulloch, C. J.
Appellant became bail for one Hagan, who was under indictment in the circuit court of Sebastian County, Fort Smith District, on the charge of felony, and when the principal failed to appear the court declared a forfeiture on the bond. Thereafter, during the term, the principal was taken into custody th... | [
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Wood, J.
One H. H. Capps was the agent of W. W. Rivers to sell for him certain lands near Judsonia, Arkansas. Capps negotiated for a sale of the lands to W. L. House for a consideration of $3,600. Rivers executed a deed and sent same to Capps for delivery; but this deed was not satisfactory in form, and, at the suggest... | [
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Wood, J.
This is an appeal from a decree of the Yell Chancery Court in favor of the appellee against the appellants. The decree adjudged that the appellee was the owner and entitled to the possession of an undivided one-fourth interest in the S% of the SE14 of section 15, (designated in the record and hereafter called ... | [
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Humphries, J.
This is an appeal from the judgment of the Gfarland Circuit Court rendered on the pleadings in the case. The court overruled the demurrer of appellant to the complaint, and sustained appellees’ demurrer to appellant’s answer. Appellant stood upon his answer, and, on his refusing to plead further, the cour... | [
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Hart, J.
(after stating the facts). Appellant filed a plea of the statute of limitations, and claims that Charles Chapman and William Chapman, who were adults at the time their father executed the right-of-way deed and the railroad company took possession of the land for a right-of-way, are barred by the seven-year sta... | [
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Hart, J.
(after stating the facts). It is insisted by counsel for the defendant that the court erred in sustaining the demurrer to the first paragraph of his answer because he notified the plaintiff after the note became due to sue the principal on the note forthwith,and that,the bank not having brought the suit within... | [
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Hart, J.
(after stating the facts). The judgment of the circuit court was correct. There is no principle better settled than that an unincorporated association cannot, in the absence of a statute authorizing it, be sued in tis society or company name, but all the members must be made parties, since such bodies have, in... | [
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McCulloci-i, C. J.
Appellee sued appellant, John Barton Payne, as designated agent of the Kansas City Southern Railway Company, in the circuit court of Polk County, to recover for injuries alleged to have been received while she was a passenger on a tram operated on said railroad. The basis of appellee’s claim is that ... | [
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McCulloch, C.' J.
Appellant was the plaintiff below, and sought to enjoin the commissioners of appellee district from altering the plans and specifications, as approved by the county court, for the construction of the improvement and from proceeding to construct the improvement according to the altered plans and specif... | [
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Hart, J.
(after stating the facts). The decision the court was right. According to the plaintiff’s own testimony, J. F. Woodson was a share cropper on McLaughlin’s farm. He was to cultivate and gather the crop for one-half of it, and McLaughlin allowed him to occupy a tenant house on the farm in order to cultivate and ... | [
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Wood, J.
This is an action brought by the appellee against the appellant -to recover on an insurance policy insuring the life of Seddie L.« Simmons, in which policy the appellee was named as the beneficiary. The appellant is a fraternal benefit society and a corporation authorized to and doing business in this State. T... | [
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McCulloch, C. J.
Appellants are farmers and owners of livestock in Columbia County, and claim the privilege of permitting their stock to run at large in a certain territory. This territory, it is claimed by appellees, is embraced within a stock-law district created under a special act of the General Assembly of 1915 (A... | [
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Smith, J.
This is a suit filed by áppellee Hicks against appellant Griffith upon a statement of an account which is alleged to have become an account stated:
Hicks was a resident of this State until 1916, when he removed to St. Louis, where he has since resided. Griffith is also a resident of that city. Hicks was for m... | [
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Hart, J.
(after stating the facts). The decree of the chancellor was correct. Sections 1798-1801 of Crawford & Moses’ Digest nrovide for the procedure for the winding ut> of the affairs of insolvent corporations and the distribution of their 'assets to their creditors.
Sec. 1798 provides that no preference shall be all... | [
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Wood, J.
This is an action by the appellees against the appellant to recover the statutory penalty provided in section 887, Crawford & Moses’ Digest, for an admitted overcharge of passenger fare paid by the appellees for the transportation of their minor child between Bauxite, Arkansas, and Benton, Arkansas, on Novembe... | [
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Hart, J.
J. A. Gooch prosecutes this appeal to reverse a judgment of conviction against him for the crime of grand larceny charged to have been committed by stealing a Ford touring car in the city of Ft. Smith, Arkansas.
The first assignment of error is, that the trial court erred in refusing to grant the defendant’s m... | [
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Hart, J.
This is the second appeal in this case. On the former appeal the defendant was convicted of murder in the second degree,, and his punishment was fixed by the jury at twenty years in the State penitentiary. The judgment of conviction was reversed because the court erred in instructing the jury. Woodall v. State... | [
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Humphreys, J.
This case is before us on a second appeal. The appellees were appellants in the former appeal. This court ruled on that appeal that the trial court had erred in peremptorily instructing a verdict in behalf of the Model Window Glass Company, and remanded the cause for a new trial. The case was quite fully ... | [
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McCulloci-i, C. J.
The plaintiff, H. H. Orton, shipped 75 bales of cotton from Ashdown to Texarkana over the line of the Kansas City Southern Railway Company, then operated under government control. The cotton was delivered to the agent at Ashdown by plaintiff in separate lots on .January 3 and January 5, 1920, and bil... | [
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Per Curiam.
This is a petition for a writ of certiorari to bring up for review a judgment for the recovery of money, rendered against petitioners by the circuit court of Prairie County on September 10, 1920, in favor of the resDondeA s, who were the plaintiffs in the action below. It is alleged in the petition that a m... | [
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Wood, J.
This action was instituted by the appellees against the appellants in the Pike Circuit. Court April 20, 1920, to recover the possession of certain lands alleged to contain diamonds. The appellees alleged in substance that the appellee Bettie L. Mauney is the widow, and that the other appellants are the childre... | [
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McCulloch, C. J.
Appellees constitute the members of the board of improvement of an improvement district created under the general statutes in the town of Hazen for the purpose of improving certain streets and sidewalks, and this action was instituted in the chancery court of the county to enforce the payment of assess... | [
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Wood, J.
The appellee instituted this' action against the appellants. He alleged, in substance, that the appellant, Arkansas Central Railroad Company, at the time of the filing of the complaint, was under the direction of the agent of railroads for the United States; that the Fort Smith, Subiaco & Eastern Railroad Comp... | [
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Wood, J.
The appellant appeals from a judgment of conviction for carnal abuse. ITe presents two questions for our consideration.
Gibbons King, while being examined as to his qualifications to sit as a juror, in response to questions asked him by counsel for appellant, stated: That he was related to Doctor King, one of ... | [
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McCulloch, C. J.
Appellee owned a small tract of land at or near the village of Menifee in Conway County, and on July 17, 1919, he entered into a written contract with one McCray for the sale of the land at the price of $325, of which $60 was paid in cash, and the balance was to be payable in installments. Appellant wa... | [
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McCulloch, C. J.
This is an action instituted in the Pnlaski Circuit Court by appellant against appellee to recover possession of a Ford automobile, the ownership of which is asserted by appellant. Upon a trial of the issues before a jury it resulted in a verdict in appellee’s favor.
Appellant resides in the city of Sa... | [
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Wood, J.
This is an action by the appellee against the appellant as administrator of the estate of R. W. Friend, deceased, on the following order:
“Pecan. Point, Ark.
“April 23,1914.
“I hereby direct the executor of my will to pay to Mollie Patterson one thousand dollars after my death for her faithful servitude and ki... | [
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Humphreys, J.
About two acres of land belonging to appellant was condemned for road purposes in the Searcy County Court, in which proceeding appellant was awarded damages in the sum of $300. An appeal was prosecuted to the circuit court, where, upon a trial de novo, appellant was awarded damages in the sum of $350, fro... | [
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Hart, J.
(after stating the facts). The defendant signed a note for $900 dated January 7, 1916, payable to the order of F. B. Collins on the 1st day of January, 1923. The note bore 6 per cent, interest per annum, and the defendant signed fourteen interest notes payable semi-annually. Cox and Tompkins received $252 as c... | [
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Ed. F. McFaddin, Justice.
Appellants prosecute this appeal from a decree (1) awarding appellee Hardy $3,000 for breach of warranty; (2) refusing- appellants a judgment against appellee Little; and (3) refusing to allow appellants a foreclosure.
In July, 1945, appellants, T. II. Van Bibber and Velma Louise Van Bibber, h... | [
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Ed. F. McFaddin, Justice.
The wife has appealed from a divorce decree granted her husband.
On March 26, 1948, Stanley Price filed suit for divorce against Vernie Price on the ground of indignities. Even though Mrs. Price lived in Portland, Oregon, she came to Arkansas to personally testify at the trial on September 15,... | [
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Leflar, J.
In March, 1942, the defendant Edward P. Mahaffy applied for and was issued $20,000 of life insurance, in eight policies for $2,500 each, by plaintiff Aetna Life Insurance Company. The policies contained identical clauses providing for double indemnity in event of death by accidental means and for waiver of p... | [
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Holt, J.
Appellee, Buster Johnson, sued appellant, United Transports, Inc., to compensate personal injuries and property damage alleged to have been received when appellee’s automobile truck was, by appellant’s negligence, forced off the highway, upset and burned. He specifically alleged $1,500 damages to his truck, wh... | [
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Holt, J.
January 9, 1948, appellant, a Negro, using a .32 caliber pistol, shot and killed William Irvine, a Negro boy about 18 years of age. Thereafter, appellant was charged with first degree murder and a trial resulted in his conviction of murder in the second degree, and his punishment fixed at 7 years in the State ... | [
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Frank G. Smith, J.
This is an appeal from a judgment of the Sebastian Circuit Court, Greenwood District, affirming an order of the Arkansas Workmen’s compensation Commission, awarding maximum compensation to Mrs. Alice Maestri, widow of Fermino Earnest Maestri, who died September -29, 1947, while working for the Qualit... | [
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Griffin Smith, Chief Justice.
John W. Heller, a resident of Searcy County, died June 23, 1947. A writing dated September 9, 1946, with a modification dated June 21, 1947, was offered for probate at Marshall June 30, 1947. By order of “N. J. Henley, Referee in Probate,” it was found that the document was Heller’s last w... | [
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Griffin Smith, Chief Justice.
Harris and those associated with him in this appeal own land in White River Drainage District of Phillips and Desha Counties. Blackburn is one of the District’s three Commissioners. All were made defendants in a suit by landowners who claimed assessments were rendered invalid when original... | [
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Griffin Smith, Chief Justice.
The trial Court was asked to reform a deed by which Alice V. Hopkins conveyed to J. L. Williams Lots 1, 2, 3, 4 and 5, 23 and 24, Block Two, Yimy Ridge.
Mrs. Hopkins, (Alice Smith before her marriage) bought Lots 1 to 10, inclusive, a,nd Lots 23 and 24, in 1942. At trial she admitted that ... | [
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Minor W. Millwee, Justice.
Appellees, Myrna Walthall and Addie Allen, filed separate slander suits against appellants, Gus Blass Company and Don Bra-man. The original complaints also contained a second cause of action against appellants for restraint of liberty, but the trial court sustained appellants’ motion to requi... | [
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