Redman v. Hudson
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. Instruction No. 2, given by the court, was erroneous for two reasons. The court undertook to tell the jury that a certain state of facts had been proven. Those facts were controverted by the pleadings and were contested in the trial. The court must not instruct the jury on matters of fact.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. Instruction No. 2, given by the court, was erroneous for two reasons. The court undertook to tell the jury that a certain state of facts had been proven. Those facts were controverted by the pleadings and were contested in the trial. The court must not instruct the jury on matters of fact. The court also told the jury that those facts constituted a prima facie case showing that .plaintiff was not guilty of perjury. 76 Ark. 43. 2. Instruction No. 4, given by the court, does not state the law correctly. It is…
1Opinion of the CourtWood, J.
Appellee sued appellant for malicious prosecution, alleging that appellant maliciously and without probable cause made an affidavit before a justice of the peace charging appellee with the crime of perjury committed in a certain cause before a justice of the peace wherein appellant was plaintiff and- appellee was defendant ; that upon the affidavit of the appellant appellee was arrested and brought before the justice and committed to jail, where he remained for a long time before he was able to 'give bail for his appearance; that upon a trial before the justice for the crime charged against…
2Cases cited10 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Kansas & Texas Coal Co. v. GallowaySupreme Court of Arkansas · 1903
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. CarterSupreme Court of Arkansas · 1910
- Price v. MorrisSupreme Court of Arkansas · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hryciuk v. RobinsonOregon Supreme Court · 1958
- Malvern Brick & Tile Co. v. HillSupreme Court of Arkansas · 1961
- J. C. Engleman, Inc. v. BriscoeSupreme Court of Arkansas · 1927
- Duckwall v. DavisIndiana Supreme Court · 1924
- Eureka Oil Company v. MooneySupreme Court of Arkansas · 1927
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