Simpson & Webb Furniture Co. v. Moore
Supreme Court of Arkansas
Appeal from Jefferson 'Chancery Court; John M. Blliott, Chancellor; The complaint, though verified, was not evidence. The statute requires evidence in such cases. Kirby’s Dig., § 6120. By defendant’s answer, the basis of appellee’s cause of action was put in issue, and their defense inured to the benefit of all. 71 Ark. 1. As appellant was the real party in interest, i-t had the right, to defend for all.
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Appeal from Jefferson 'Chancery Court; John M. Blliott, Chancellor; The complaint, though verified, was not evidence. The statute requires evidence in such cases. Kirby’s Dig., § 6120. By defendant’s answer, the basis of appellee’s cause of action was put in issue, and their defense inured to the benefit of all. 71 Ark. 1. As appellant was the real party in interest, i-t had the right, to defend for all. Kirby’s Dig., § 5999. Appellee’s allegation that he did not owe the debt sued on did not entitle him to the relief sought, was only a conclusion of law, and was demurrable. 35 Ark. 104; 32…
1Opinion of the CourtHart, J.
This is an action instituted in the Jefferson Chancery Court by C. F. Moore and Mrs. C. F. Moore against Simpson & Webb Furniture Company, J. F. Stewart and L. E. Cheek. The complaint, in substance, alleges the following:
That the Simpson & Webb Furniture Company, a corporation organized and doing business under the laws of the State of Arkansas, brought suit before L. E. Cheek, a justice of the peace for Vaugine Township in Jefferson County, Arkansas, against C. F. Moore and Mrs. C. F. Moore for an alleged indebtedness of $98. That prior to the -day of trial an agent of said corporation…
2Cases cited8 opinions
- State v. HillSupreme Court of Arkansas · 1887
- Broadway v. SidwaySupreme Court of Arkansas · 1907
- Conger v. CottonSupreme Court of Arkansas · 1881
- Jackson v. ReeveSupreme Court of Arkansas · 1884
- McLeran v. MorganSupreme Court of Arkansas · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Firestone Tire & Rubber Co. v. LittleCourt of Appeals of Arkansas · 1980
- Quigley v. HammondSupreme Court of Arkansas · 1912
- Rogers v. WatkinsSupreme Court of Arkansas · 1975
- SOUTHLAND MOBILE HOME CORPORATI0N v. WindersSupreme Court of Arkansas · 1978
- Crawley v. NealSupreme Court of Arkansas · 1922
4 more not listed; retrieve them via the Exa API.