Doyle v. Kavanaugh
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; statement by the court. This is an action of replevin brought before a justice of the peace in Pulaski County to recover the possession of two mules and a wagon, claimed by Doyle & Booth, a partnership consisting of D. M. Doyle and C. F. Booth, under a mortgage executed by them by J. G. Parmer. Judgment was rendered in favor of Doyle & Booth in the justice’s-court, and Parmer appealed to the circuit court.
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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; statement by the court. This is an action of replevin brought before a justice of the peace in Pulaski County to recover the possession of two mules and a wagon, claimed by Doyle & Booth, a partnership consisting of D. M. Doyle and C. F. Booth, under a mortgage executed by them by J. G. Parmer. Judgment was rendered in favor of Doyle & Booth in the justice’s-court, and Parmer appealed to the circuit court. There the verdict of the jury was in favor of Parmer. Doyle & Booth have appealed, alleging certain errors in-the instructions…
1Opinion of the Court
Hart, J.,
(after stating the facts). The principal point which appellants urge for the reversal of this case is the giving of the second instruction. The vice of this instruction consists in the fact that it ignores the testimony of appellants to the effect that the supply account was also secured by the mortgage on the mules and wagon. Applying the proceeds of the Brewer note 'to the payment of the $195.00 note under appellee’s theory of the case, there might still be a balance due appellants on the supply account. The second instruction took from the consideration of the jury the question of…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. BeecherSupreme Court of Arkansas · 1898
3Cited by1 opinion
- Brunson v. TeagueSupreme Court of Arkansas · 1916