El Dorado & Bastrop Railway Co. v. Knox
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; 1. The continuance should have been granted. Appellant’s motion clearly shows that it was not at fault. It was a case of “unavoidable casualty or misfortune preventing the party from appearing or defending,” within the. meaning of the law. Kirby’s Dig., § 4431; 59 Ark. 162; 18 Ela. 282; 60 Wis. 293; 67 la. 405; 5 Bush (Ky.) 81; 42 Minn, 243; 15 Ky. E. R. 52; 1 Cranch, C. C. 280; 18 Ky.
Read the full summary
Appeal from Union Circuit Court; George W. Hays, Judge; 1. The continuance should have been granted. Appellant’s motion clearly shows that it was not at fault. It was a case of “unavoidable casualty or misfortune preventing the party from appearing or defending,” within the. meaning of the law. Kirby’s Dig., § 4431; 59 Ark. 162; 18 Ela. 282; 60 Wis. 293; 67 la. 405; 5 Bush (Ky.) 81; 42 Minn, 243; 15 Ky. E. R. 52; 1 Cranch, C. C. 280; 18 Ky. L. R. 926; 51 Ga. 122; 3 Phila. 236; 15 Leg. Int. (Pa.) 341; 19 Ind. 83; 148 111. 372; 19 Wis. 498. '2. The court’s charge was erroneous. A dog is not…
1Opinion of the CourtBattuS, J.
J. A. Knox 'brought an action against the El Dorado & Bastrop Railway Company to recover damages caused by the killing of a certain dog, the property of plaintiff. In a trial before a jury a verdict was returned in favor of plaintiff for $25, and judgment was rendered accordingly, to reverse which an appeal was taken to this court.
When the action was called for trial, on the eighth day of April, 1908, the defendant filed a motion for continuance as follows :
“Comes the defendant herein and moves the court to continue this cause to the next term of this court, and for cause states: ‘That Hon.…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. NeelySupreme Court of Arkansas · 1897
- Hempstead County v. HarknessSupreme Court of Arkansas · 1905
- St. Louis Southwestern Railway Co. v. StanfieldSupreme Court of Arkansas · 1897
3Cited by6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RhodenSupreme Court of Arkansas · 1909
- Missouri Pacific Railroad Co. v. GreenSupreme Court of Arkansas · 1926
- Kansas City Southern Ry. Co. v. WillsieCourt of Appeals for the Eighth Circuit · 1915
- Nelson v. Missouri Pacific RailroadSupreme Court of Arkansas · 1923
- Southwest Casualty Insurance v. WessonSupreme Court of Arkansas · 1956
1 more not listed; retrieve them via the Exa API.