Frank A. Menne Factory v. Harback
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. Judgment by default was unwarranted. Kirby’s Digest, § § 6120, 3151, 6137; 60 Ark. 399. Appellees by their answer had presented issues, first, as to partial payments and second, as to appellant being a member of a trust, and therefore not being entitled to maintain the action; and the burden was on appellees to prove both these issues.
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Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. Judgment by default was unwarranted. Kirby’s Digest, § § 6120, 3151, 6137; 60 Ark. 399. Appellees by their answer had presented issues, first, as to partial payments and second, as to appellant being a member of a trust, and therefore not being entitled to maintain the action; and the burden was on appellees to prove both these issues. Failing therein, appellant would be entitled to judgment. 7 Ark. 475; J'2 Ark. 44; 67 Ark. 169; 64 Ark. 446. Where an issue raised by answer is undisposed of, no valid judgment could be given. 4 Ark.…
1Opinion of the CourtBattuS, J.
On October 28th, 1905, Frank A. Menne Factory commenced an action against S. E. Harback and Frank D. Harback, partners doing business under the firm name and style of Harback Brothers, alleging that plaintiff was doing business in Louisville, Kentucky, and that defendants were indebted to it for goods’ and merchandise in the sum of $5,890.56, an account of which was filed; and that an accounting was had between it and defendants, and defendants agreed to pay the $5,890.65 with interest from October 25, 1905; and asked judgment for that amount and interest.
The defendants answered as follows:
“No…
2Cases cited5 opinions
- Hartford Fire Insurance v. StateSupreme Court of Arkansas · 1905
- Howser v. MelcherMichigan Supreme Court · 1879
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Railway Co. v. StateSupreme Court of Arkansas · 1893
- People v. FeslerIllinois Supreme Court · 1893
3Cited by1 opinion
- Heuchert v. State Industrial Accident CommissionOregon Supreme Court · 1942