Grubbs v. Nixon
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Charles Coffin, Judge; Where there is a conflict in the evidence, the case should be submitted to. the jury. 71 Ark. 305; 84 Ark. 57; Crawford v. Sawyer & Austin Lbr. Co., 91 Ark. 337. There being no evidence before the jury as to a counterclaim, the court rightfully instructed a verdict for plaintiff. 57 Ark. 461; 39 Ark, 419; 52 Ark. 347; 51 Ark. 140; 47 Ark. 567.
1Opinion of the CourtHart, J.
On the 1st day of July, 1908, Jane Nixon brought suit before a justice of the peace against John M. Grubbs for $89.90 for merchandise alleged to have been sold to him during the years 1906 and 1907. Before the day of trial John M. Grubbs departed this life, and the suit was revived against J. W. Grubbs as executor under the will of said John M. Grubbs, deceased, and he entered his appearance to the suit.
The justice of the peace rendered judgment in favor of the plaintiff for $75.55. The case was appealed to the circuit court.
On a trial de novo in the circuit court, the plaintiff, Jane Nixon,…
2Cases cited2 opinions
- Quinn v. SewellSupreme Court of Arkansas · 1887
- Hill v. AustinSupreme Court of Arkansas · 1857