McIlroy v. Arkansas Valley Trust Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; The principles of law announced upon a former appeal of a case are binding and stand as the iaw of the case on a second trial; and, upon a second appeal, if the testimony is substan-' tially the same as at the first trial, the former decision upon all questions of law involved in the cáse must be followed. 92 Ark. 557, 558. That is this case.' There is no substantial change in the evidence on the…
Read the full summary
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; The principles of law announced upon a former appeal of a case are binding and stand as the iaw of the case on a second trial; and, upon a second appeal, if the testimony is substan-' tially the same as at the first trial, the former decision upon all questions of law involved in the cáse must be followed. 92 Ark. 557, 558. That is this case.' There is no substantial change in the evidence on the second trial from that adduced at the first trial, with this difference, however, that appellant's case has been…
1Opinion of the Court
McCulloch, C. J..
This is the second appeal in this case, the court having formerly reversed a judgment in favor of the plaintiff on account of erroneous instructions given. The facts are fully stated in the former opinion. Arkansas Valley Trust Co. v. McIlroy, 97 Ark. 160. In remanding the case the court made this statement as to the issues upon which the case should go to the jury in the next trial:
“There was testimony adduced on the part of plaintiff tending to prove that Berg, when he left the place of the fire, requested or directed plaintiff to watch and guard it, which she did; and…
2Cases cited4 opinions
- Blackwood v. EadsSupreme Court of Arkansas · 1911
- Arkansas Valley Trust Co. v. McIlroySupreme Court of Arkansas · 1911
- Taylor v. Grant Lumber Co.Supreme Court of Arkansas · 1910
- McDonnell v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1911
3Cited by13 opinions
- Twist v. MullinixSupreme Court of Arkansas · 1916
- Pocholec v. GIUSTINAOregon Supreme Court · 1960
- American Company of Arkansas v. BakerSupreme Court of Arkansas · 1933
- Bush v. BarksdaleSupreme Court of Arkansas · 1916
- Hall v. W. E. Cox & SonsSupreme Court of Arkansas · 1941
8 more not listed; retrieve them via the Exa API.