Phoenix Cement Sidewalk Co. v. Russellville Water & Light Co.
Supreme Court of Arkansas
Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. Appellant’s motion to strike from the files the answer filed by the defendant on the day of the trial] should have been sustained.
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Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. Appellant’s motion to strike from the files the answer filed by the defendant on the day of the trial] should have been sustained. In the order continuing the case made at the former term, the court having limited defendant’s time for filing answer to thirty days from that date, it had ho discretion to permit the answer to be filed at the succeeding term, without a showing of good cause for failing to comply with the former order. Kirby’s Digest, § § 6111, 6116. 2. The court erred in instructing the jury to return a verdict for the…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by the appellant, who was the plaintiff below, against the Russellville Water & Light Company, a private business corporation, and also Pope County, to recover damages growing out of an alleged breach of contract. The plaintiff attached to its complaint an itemized account of the damages alleged to have been sustained, which was duly verified. At the return term of the court in which this action was brought, an order was entered by consent of the parties, continuing the cause until the following term and giving to the defendants thirty days in which to file their…
2Cases cited7 opinions
- Earl v. HarrisSupreme Court of Arkansas · 1911
- Payne, Huntington & Co. v. FlournoySupreme Court of Arkansas · 1874
- Ex parte HodgesSupreme Court of Arkansas · 1866
- Jackson v. ReeveSupreme Court of Arkansas · 1884
- Bell v. GreenwoodSupreme Court of Arkansas · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- King v. CardinSupreme Court of Arkansas · 1959
- Arlington Hotel Co. v. RectorSupreme Court of Arkansas · 1916
- Barrentine v. Henry Wrape Co.Supreme Court of Arkansas · 1915
- MFA Mutual Insurance v. PearrowSupreme Court of Arkansas · 1968
- Glenn v. Union Bank & Trust Co.Supreme Court of Arkansas · 1921
3 more not listed; retrieve them via the Exa API.