Legal Opinion

Reynolds v. Jones

Supreme Court of Arkansas

Decided December 5, 1896PublishedCited by 5 opinions

Appeal from Randolph Circuit Court in Chancery. John B. McCaleb, Judge. STATEMENT BY THE COURT. This is a case from the Randolph circuit court, and originally an appeal to that court from the probate court of Randolph county.

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Appeal from Randolph Circuit Court in Chancery. John B. McCaleb, Judge. STATEMENT BY THE COURT. This is a case from the Randolph circuit court, and originally an appeal to that court from the probate court of Randolph county. The subject-matter of the proceeding is the final account of Reynolds as guardian of Hattie Jones, nee Kelsey, and her exceptions thereto, which exceptions were sustained, account re-stated accordingly, and ordered recorded, and an appeal to the circuit court, where substantially the same judgment was rendered, and from that this appeal is taken. Judgment against…

1Opinion of the Court

Bunn, C. J.,

(after stating- the facts.) The principal question in the case is one of pleading-, that is to say, whether or not appellee had a rig-ht to split up her claims for back rents, or for use and occupation, or for damag-es for the retention of the possession of her lands.

It is a well established rule of law that a single cause of action cannot be split, in order that separate suits may be brought for the various parts of what really constitutes but one demand. It is said by the court in Dutton v. Shaw, 35 Mich. 431, that “the principle which prevents the splitting up of causes of…

2Cases cited9 opinions

  1. Perry v. . DickersonNew York Court of Appeals · 1881
  2. Rathbone v. . HooneyNew York Court of Appeals · 1874
  3. Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
  4. Dutton v. ShawMichigan Supreme Court · 1877
  5. McBurnie v. SeatonIndiana Supreme Court · 1887

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. PaulSupreme Court of Arkansas · 1897
  2. Hemingway v. Grayling Lumber Co.Supreme Court of Arkansas · 1916
  3. Shell, Guardian v. Sheets, GuardianSupreme Court of Arkansas · 1941
  4. St. Louis-San Francisco Railway Co. v. DavisSupreme Court of Arkansas · 1923
  5. Hodge v. BriggsCourt of Appeals of Arkansas · 1982

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