Forschler v. Cash
Supreme Court of Arkansas
Appeal from Fulton Circuit Court; J. B. Baker, Judge; 1. The former suit was dismissed without prejudice and this suit filed in time. It was error to dismiss. Kirby’s Digest, § § 5083, 6167; 121 Ark. 454; 47 Id. 120; 35 Id. 62; 36 Id. 383; Freeman on Judgments, § 261; Black on Judgments, § 703; 23 Cyc. 1151. 2. The matter was not res adjudicata. A new party plaintiff was added. 49 Ark. 100; 59 Id. 149; Kirby’s Digest, § 6002 and cases supra. The case was properly dismissed.
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Appeal from Fulton Circuit Court; J. B. Baker, Judge; 1. The former suit was dismissed without prejudice and this suit filed in time. It was error to dismiss. Kirby’s Digest, § § 5083, 6167; 121 Ark. 454; 47 Id. 120; 35 Id. 62; 36 Id. 383; Freeman on Judgments, § 261; Black on Judgments, § 703; 23 Cyc. 1151. 2. The matter was not res adjudicata. A new party plaintiff was added. 49 Ark. 100; 59 Id. 149; Kirby’s Digest, § 6002 and cases supra. The case was properly dismissed. There is no bill of exceptions preserving the evidence, and there is nothing before this court. The judgment should be…
1Opinion of the Court
Wood, J.,
(after stating the facts). While there is some confusion in the record entries, yet it appears from the judgment roll proper that B. Forschler had instituted a suit in which D. C. Cash, the Liverpool & Lon-, don & Globe Insurance Company, C. H. Ellis, William Lytle and Abner Hargus were made parties defendant, and at the August term, 1914, the plaintiff by his attorneys elected to take a nonsuit and the cause was dismissed without prejudice and at his cost.
True, the record shows that at the August term, 1913, a stipulation was filed in a case styled “B. Forschler, Plaintiff, v. The…
2Cases cited2 opinions
- Hallum v. DickinsonSupreme Court of Arkansas · 1886
- Floyd v. SkillernSupreme Court of Arkansas · 1915
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