Lineback v. Smith
Supreme Court of Arkansas
Appeal from Benton Circuit Court; W. B. Holy field, Special Judge; 1. The court erred in giving the instructions asked by appellee and in refusing those asked by appellant. The services were rendered by a member of the family of the intestate, and there was no contract, express or implied, to pay for his services rendered his mother, and there was no liability for the services rendered. 82 Ark. 136; 18 Atl. 129; 18 S. W. 517; 47 Penn.
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Appeal from Benton Circuit Court; W. B. Holy field, Special Judge; 1. The court erred in giving the instructions asked by appellee and in refusing those asked by appellant. The services were rendered by a member of the family of the intestate, and there was no contract, express or implied, to pay for his services rendered his mother, and there was no liability for the services rendered. 82 Ark. 136; 18 Atl. 129; 18 S. W. 517; 47 Penn. St. 534; 96 N. C. 149; 75 Ark. 191; 82 Id. 136; 2 S. E. 453. 2. All that part of the claim of appellee which had not accrued within three years of the mother’s…
1Opinion of the CourtWood, J.
Appellant’s intestate was twice married. Her first husband was named Smith, by whom she had appellee. Her second husband was named Bell by whom she had several children, who are adults and all living.
After the death of Bell in the year 1910, Mrs. Bell lived on the home farm, her son Zeph Bell residing with her for two years. In the fall of 1912 she bought a small home in Siloam Springs and lived there until her death. Zeph Bell, after a few years, moved away. Mrs. Bell received the rents from the home farm until she died.
Appellee’s father died when he was small and after his father’s death he…
2Cases cited4 opinions
- Reynolds' Adm'r v. ReynoldsCourt of Appeals of Kentucky · 1892
- Dodson v. . McAdamsSupreme Court of North Carolina · 1887
- Williams v. WaldenSupreme Court of Arkansas · 1907
- Zimmerman v. ZimmermanSupreme Court of Pennsylvania · 1889
3Cited by10 opinions
- Graves v. BowlesSupreme Court of Arkansas · 1935
- Hapke v. HapkeSupreme Court of Oklahoma · 1923
- The Peoples National Bk., Admr. v. CohnSupreme Court of Arkansas · 1937
- Capps v. ClineSupreme Court of Arkansas · 1957
- Craig v. HickmanSupreme Court of Arkansas · 1969
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