Legal Opinion

Coston v. Lee Wilson & Co.

Supreme Court of Arkansas

Decided October 27, 1913PublishedCited by 12 opinions

Appeal from Mississippi Circuit Court, Osceola District; Frank Smith, Judge; The acceptance by appellant of $8,000, the amount found by the lower court, when the great weight of the evidence, as appears by the special finding of the court, entitled him to a much greater sum, and when it is, and has been, at all times conceded by the defendant that he was entitled to as much as $10,000, does not estop appellant from prosecuting this appeal. 53 Ark. 515; 67 Ark. 343; 47 N. Y.…

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Appeal from Mississippi Circuit Court, Osceola District; Frank Smith, Judge; The acceptance by appellant of $8,000, the amount found by the lower court, when the great weight of the evidence, as appears by the special finding of the court, entitled him to a much greater sum, and when it is, and has been, at all times conceded by the defendant that he was entitled to as much as $10,000, does not estop appellant from prosecuting this appeal. 53 Ark. 515; 67 Ark. 343; 47 N. Y. App. Div. 477; 26 Pac. 225; 2 Cyc. 653; 4 Ene. L. & P. 102; 3 Wall. 701; 107 IT. S. 7, 8; 1 N. E. 642, 643; 29 N. W.…

1Opinion of the CourtMcCulloch, C. J.

Mr. Coston, the appellant, was attorney for the Grassy Lake & Tyronza Drainage District No. 9, of Mississippi County, in the organization of the district, the sale of bonds, and other matters concerning the business thereof, and this case involves a controversy between him and the taxpayers of the district concerning the amount of his fee. Appellees, as taxpayers, intervened in the proceeding before the county court for the allowance of the fee. Appellant claimed^ $20,000, and both sides appealed from an order of the county court fixing the fee at $12,500. The case was tried in the circuit…

2Cases cited3 opinions

  1. Bolen v. CumbySupreme Court of Arkansas · 1890
  2. Bechtel v. EvansIdaho Supreme Court · 1904
  3. Watkins v. MartinSupreme Court of Arkansas · 1862

3Cited by12 opinions

  1. McIlroy v. McIlroySupreme Court of Arkansas · 1935
  2. Jones v. HallSupreme Court of Arkansas · 1918
  3. Wilson v. FullertonSupreme Court of Arkansas · 1998
  4. Coulter v. MartinSupreme Court of Arkansas · 1940
  5. Hutton v. PeaseSupreme Court of Arkansas · 1935

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