Hall v. Waters
Supreme Court of Arkansas
Appeal from Garland Circuit Court, Calvin T. Cot-ham, Judge; statement by the court. The appellant instituted 'this .suit .against the appellees, alleging that he was the owner 'of pant of a lot in the .city .of Hot .Springs, Arkansas, .and that While he was engaged in putting in a plate glass front in the ’building thereon, in December, 1911, the appellees ■unlawfully entered upon the lot and forcibly removed the plate glass front and wilfully and negligently destroyed the…
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Appeal from Garland Circuit Court, Calvin T. Cot-ham, Judge; statement by the court. The appellant instituted 'this .suit .against the appellees, alleging that he was the owner 'of pant of a lot in the .city .of Hot .Springs, Arkansas, .and that While he was engaged in putting in a plate glass front in the ’building thereon, in December, 1911, the appellees ■unlawfully entered upon the lot and forcibly removed the plate glass front and wilfully and negligently destroyed the ¡same, to appellant’s actual damage in the sum of $200.00, and that by reason of the wilful and unlawful trespass…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1) The demurrer to the answer conceded the truth of such allegations therein as were properly pleaded and when the appellant rested on this demurrer and refused to proceed further and allowed judgment for costs to be entered against him, this was tantamount to a final determination on the issue of law deciding the merits of the case, and was a final judgment from which the appellant could prosecute his appeal and thereby test the ruling of the court on his demurrer. See, Melton v. St. Louis, I. M. & S. Ry. Co., 99 Ark. 433.
The demurrer alleged: First, that…
2Cases cited1 opinion
- Melton v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911
3Cited by6 opinions
- Kuehn v. KuehnCourt of Appeals of Texas · 1921
- Durben v. MontgomerySupreme Court of Arkansas · 1920
- McNeese v. RainesSupreme Court of Arkansas · 1931
- St. Louis-San Francisco Railway Co. v. SmithSupreme Court of Arkansas · 1923
- Widmer v. Fort Smith Vehicle & MacHinery Corp.Supreme Court of Arkansas · 1968
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