Gunnells v. Latta
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; George W. Hays, Judge; 1. There was the statutory denial of Latta’s allegation of ownership, and the court should have overruled the demurrer. Kirby’s Digest, § 6098; 73 Ark. 344; 32 Id. 428. 2. If the money was won at craps, the title was in Robinson, and he had the right to possession. 47 Ark. 378; Kirby’s -Digest, ■§ 3690; 3 Am. & E. Law, p. 762; 47 ivlo.
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Appeal from Columbia Circuit Court; George W. Hays, Judge; 1. There was the statutory denial of Latta’s allegation of ownership, and the court should have overruled the demurrer. Kirby’s Digest, § 6098; 73 Ark. 344; 32 Id. 428. 2. If the money was won at craps, the title was in Robinson, and he had the right to possession. 47 Ark. 378; Kirby’s -Digest, ■§ 3690; 3 Am. & E. Law, p. 762; 47 ivlo. App. 574. 3. Great prejudice was done by the court’s refusal to allow Robinson to plead in the action, so as to hold Gunnells harmless. 49 Ark. xoo; 74 Id. 55; Kirby’s Digest, § •§ 6006, 6011. 1.…
1Opinion of the CourtMcCulloch, J.
Appellee, John Latta, instituted this action in the circuit court of Columbia County against appellant, J. D. Gunnells, to recover the sum of $121.15, alleging in his complaint that the latter, as marshal of the town of Emerson, arrested him upon a warrant charging him with grand larceny, and took said sum of money from his person. He alleged further that said criminal charge against him had been dismissed by the grand jury.
Gunnells and one Robinson jointly filed a motion, alleging that Robinson asserted ownership of the money, and asking-that the latter be made defendant and allowed to…
2Cases cited4 opinions
- Fletcher v. Bank of LonokeSupreme Court of Arkansas · 1902
- Lowe v. WalkerSupreme Court of Arkansas · 1905
- Smith v. MooreSupreme Court of Arkansas · 1886
- Choctaw, Oklahoma & Gulf Railroad v. McConnellSupreme Court of Arkansas · 1905
3Cited by5 opinions
- Pearson v. MulloneyMassachusetts Supreme Judicial Court · 1935
- Burt v. HendersonSupreme Court of Arkansas · 1922
- Simpson & Webb Furniture Co. v. MooreSupreme Court of Arkansas · 1910
- Flanagan v. BensonCourt of Appeals for the Eighth Circuit · 1929
- Coddington v. BrownSupreme Court of Arkansas · 1916