Hot Springs Railroad v. Hudgins
Supreme Court of Arkansas
APPEAL from Garland Circuit Court. Hon. J. B. "Wood, Circuit Judge. The court, without any evidence whatever, found for the plaintiff, and adopted a declaration of law to the effect that the delivery of the cotton to Senter & Co. not being specifically denied by defendant’s answer, must be taken as confessed. Defendant had not undertaken to answer; was not required to do so, in fact.
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APPEAL from Garland Circuit Court. Hon. J. B. "Wood, Circuit Judge. The court, without any evidence whatever, found for the plaintiff, and adopted a declaration of law to the effect that the delivery of the cotton to Senter & Co. not being specifically denied by defendant’s answer, must be taken as confessed. Defendant had not undertaken to answer; was not required to do so, in fact. The plaintiff, in proceedings originating before a justice of the peace, is required to prove his cause of action whether any defense is interposed or not. The ruling of the court was based on a misconception of…
1Opinion of the CourtSmith, J.
This action was begun before a justice of the peace.
The plaintiff alleged that he had delivered to the railroad company a bale of cotton to be transported to Senter & Co., at St. Louis, and that the defendant had failed to deliver the same to the consignee. The action was defended, as we learn from the justice’s minutes, upon the ground that the company had never received the cotton. But the plaintiff’recovered a verdict and judgment.
On appeal to the Circuit Court, no other or different issue appears to have been tendered. A jury was waived and the trial was by the -court.
The plaintiff'…
2Cited by1 opinion
- Einstein v. Clyde Steamship Co.New York Supreme Court · 1908