Brock v. Bates

Ed. F. McFaddin, Associate Justice.

In this suit — involving a roadway — the decree must be reversed because of a procedural point.

At the close of the plaintiffs’ case, the Chancery Court sustained the defendant’s demurrer to the plaintiffs’ evidence and dismissed the complaint. Under the holding in Werbe v. Holt, 217 Ark. 198, 229 S. W. 2d 225, and other cases,1 the rule is that in passing upon such a demurrer the Court must give the evidence its strongest probative force in favor of the plaintiff and rule against the plaintiff only if such evidence, when so considered, fails to make out a…