Streudle v. Leroy
Supreme Court of Arkansas
Appeal from Crittenden Chancery Court; Chas D. Frierson, Chancellor; 1. The chancellor erred in overruling the defendants’ motion for decree pro confesso. Decree in favor of defendants .should be entered here on the pleadings. No reply was filed to the ¡answer ¡and ¡counter-claim as required by section 6115, Kirby’s Digest.
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Appeal from Crittenden Chancery Court; Chas D. Frierson, Chancellor; 1. The chancellor erred in overruling the defendants’ motion for decree pro confesso. Decree in favor of defendants .should be entered here on the pleadings. No reply was filed to the ¡answer ¡and ¡counter-claim as required by section 6115, Kirby’s Digest. A counter-claim is defined by Kirby’s Dig., § 6099. The action of the chancellor is clearly violative of section 6192 Id.; 25 Ark. 20; 25 Id. 105; lb. 86. 2. The court erred in not rendering judgment for appellants on their motion on June 11, 1914, for failure of appellees…
1Opinion of the CourtHart, J.
On November. 25, 1913, appellants and appellees entered into a written contract whereby the former agreed to furnish the latter with a saw mill and the latter agreed to supply its own hoop machine and appliances at Proctor, Arkansas. Appellants agreed to furnish appellees logs and strips of timber necessary for the manufacture of hoops and appellees agreed to manufacture hoops for appellants at a stipulated price. The contract provided that the transactions and moneys paid out or received under the agreement should be under the personal control and custody of John Keichert, one of appellants…
2Cases cited3 opinions
- Ford Hardwood Lumber Co. v. ClementSupreme Court of Arkansas · 1911
- Alf Bennett Lumber Co. v. Walnut Lake Cypress Co.Supreme Court of Arkansas · 1912
- Young v. GautSupreme Court of Arkansas · 1901
3Cited by5 opinions
- Black v. HogsettSupreme Court of Arkansas · 1920
- Crow v. RussellSupreme Court of Arkansas · 1956
- Archer-Daniels-Midland Company v. R. C. Paull, Virginia Paull and Paull's Hatchery, Inc.Court of Appeals for the Eighth Circuit · 1961
- Farmers Cooperative Ass'n v. PhillipsSupreme Court of Arkansas · 1966
- United States Auto Co. v. Arkadelphia Milling Co.Supreme Court of Arkansas · 1919