Friend v. Smith Gin Co.
Supreme Court of Arkansas
Appeal from Fee Circuit Court. Grant Green, Jr., Judge. Smith Sons’ Gin & Machine Company brought this action against Mary E. Eriend, as administratrix of the estate of E. F. Friend, deceased.
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Appeal from Fee Circuit Court. Grant Green, Jr., Judge. Smith Sons’ Gin & Machine Company brought this action against Mary E. Eriend, as administratrix of the estate of E. F. Friend, deceased. The facts are stated by the court as follows : This action was instituted and determined in the Lee county circuit court, at its spring term, 1891, resulting in a judgment in favor of the plaintiff company against the defendant, as the administratrix of the estate of her deceased husband, E. F. Friend (against whom this action was instituted), for the sum of $310 and costs. From which judgment defendant…
1Opinion of the Court
Bünn, C. J.
(after stating the facts.) The appellant assigns four several errors, for which' she contends-that the judgment of the court below should be reversed. They are as follows, to-wit:
“1. The judgment of the lower court is void for want of jurisdiction of the subject matter.
“2. It is erroneous, and should be reversed, because this is an action sounding in damages ex contractu as-against Friend, and if the plaintiff’s negligence or want of diligence in prosecuting by all lawful methods its claims-against the Vineyards was the cause of or contributed to-the damages claimed, then Friend…
2Cases cited5 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Railway Co. v. Fire Ass'nSupreme Court of Arkansas · 1891
- Newcomb v. . HaleNew York Court of Appeals · 1882
- Hunt v. SmithNew York Supreme Court · 1837
- Skofield v. HaleySupreme Judicial Court of Maine · 1842
3Cited by16 opinions
- Sims v. MillerSupreme Court of Arkansas · 1922
- First National Bank v. WaddellSupreme Court of Arkansas · 1905
- Chittim v. Belle Fourche Bentonite Products Co.Wyoming Supreme Court · 1944
- Palmer v. NoeSupreme Court of Oklahoma · 1915
- College National Bank v. MorrisonCalifornia Court of Appeal · 1929
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