Legal Opinion

Horton v. Jackson

Supreme Court of Arkansas

Decided October 19, 1908PublishedCited by 7 opinions

Appeal from Pope Circuit Court; Hugh Basham, Judge; Instruction No. x, requested by appellant, prepared in haste and under the surprise of a defense not indicated in the answer, is subject to criticism, but it was sufficient to call the court’s attention to the correct theory of the case and issues to be submitted to the jury, and the court should have given a correct instruction to the jury upon that theory and'issue. 71 Ark. 475, and cases cited.

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Appeal from Pope Circuit Court; Hugh Basham, Judge; Instruction No. x, requested by appellant, prepared in haste and under the surprise of a defense not indicated in the answer, is subject to criticism, but it was sufficient to call the court’s attention to the correct theory of the case and issues to be submitted to the jury, and the court should have given a correct instruction to the jury upon that theory and'issue. 71 Ark. 475, and cases cited. It is the law that a notice published in a paper is presumed to have been authorized by those whose names appear as subscribing thereto, and that…

1Opinion of the CourtBattle, J.

J. E. Horton sued I. C. Jackson, A. C. Thompson, and Milton Bridges for libelling him by the publication in a newspaper of the following notice:

“Notice is hereby given that by order of Zion Hill Local No. 680, John F. Whorton is hereby denounced as a traitor to the order, and that he is not worthy of the confidence or respect of any member of the order.
“Done by order of the Zion Hill Local No. 680, April 28, 1906. Other papers please copy.
“I. C. Jackson, Pres.
“Attest: A. C. Thompson, Sec.-Treas.”

The defendants denied that they published or caused to be published the foregoing notice. The…

2Cases cited3 opinions

  1. Allison v. StateSupreme Court of Arkansas · 1905
  2. Snyder v. StateSupreme Court of Arkansas · 1908
  3. Bruce v. StateSupreme Court of Arkansas · 1903

3Cited by7 opinions

  1. American Insurance v. HaynieSupreme Court of Arkansas · 1909
  2. Pate v. StateSupreme Court of Arkansas · 1944
  3. A. L. Clark Lumber Co. v. NorthcuttSupreme Court of Arkansas · 1910
  4. Prewitt v. StateSupreme Court of Arkansas · 1921
  5. Atkinson v. StateSupreme Court of Arkansas · 1918

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