Fordyce v. Hardin
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. C. E. Mitchel, Judge. Suit against S. W. Fordyce and A. H. Swanson, receivers of the St. Louis, Arkansas and Texas Railway Company-The complaint alleged that defendants’ trainmen negligently ran a train over and killed a heifer belonging to plaintiff, valued at seventy-five' dollars. The answer denied that the heifer was worth more than ten dollars. Plaintiff testified that the heifer was worth seventy-five dollars.
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APPEAL from Miller Circuit Court. C. E. Mitchel, Judge. Suit against S. W. Fordyce and A. H. Swanson, receivers of the St. Louis, Arkansas and Texas Railway Company-The complaint alleged that defendants’ trainmen negligently ran a train over and killed a heifer belonging to plaintiff, valued at seventy-five' dollars. The answer denied that the heifer was worth more than ten dollars. Plaintiff testified that the heifer was worth seventy-five dollars. On cross-examination he testified that he “only owned two head of cattle, the one sued for being one of them ; that he had assessed them for…
1Opinion of the CourtHemingway, J.
1. Presumption as to fifing motion for new All matters relied upon for a reversal , . y r t , , i • f relate to the court s refusal to grant the motion for a new trial. But the appellant is met upon the threshold of the cause with the contention that, as his motion for a new trial was not filed within three days after the verdict was rendered, and the delay does not appear from the record to have been unavoidable, the court was justified in overruling the motion, regardless of the matters presented by it.
The court permitted the motion to be filed, and considered it. As the record is silent as…
2Cases cited1 opinion
- Chicago, Milwaukee & St. Paul Railway Co. v. ArterySupreme Court of the United States · 1890
3Cited by11 opinions
- Hill v. WilsonSupreme Court of Arkansas · 1949
- Metropolitan Life Insurance v. ThompsonSupreme Court of Arkansas · 1942
- Aucoin v. AucoinSupreme Court of Arkansas · 1947
- Fitzhugh v. NorwoodSupreme Court of Arkansas · 1922
- Marshall Bank v. TurneySupreme Court of Arkansas · 1912
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