Barnett Bros. v. Porter
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; Scott Wood, Judge on Exchange; 1. The instructions are erroneous, and were given orally when they should have been in writing as required by law and as requested by appellants. 81 S. W. 382; 115 Ark. 339; 34 Id. 257; 47 Id. 407; 51 Id. 177; 10 S. W. 257; 39 Id. 358. 2. It was error to entertain the answer and demurrer in justice of the peace court. 169 S. W. 959; 61 Ark. 605; 33 Id. 1064; 55 Ark. 200; 94 Id. 54; 125 S. W. 1007. 3.…
Read the full summary
Appeal from Hot Spring Circuit Court; Scott Wood, Judge on Exchange; 1. The instructions are erroneous, and were given orally when they should have been in writing as required by law and as requested by appellants. 81 S. W. 382; 115 Ark. 339; 34 Id. 257; 47 Id. 407; 51 Id. 177; 10 S. W. 257; 39 Id. 358. 2. It was error to entertain the answer and demurrer in justice of the peace court. 169 S. W. 959; 61 Ark. 605; 33 Id. 1064; 55 Ark. 200; 94 Id. 54; 125 S. W. 1007. 3. Unreasonable and vexatious costs were allowed. 52 Ark. 103; 27 Id. 20; 12 S. W. 204. Improper credits were allowed. 4. A new…
1Opinion of the CourtSmith, J.
Barnett Bros, purchased a mortgage which Joe T. Porter bad given E. M. Sligb on a mare and tbe crop of cotton and corn which Porter was growing on Sligb’s farm. Barnett Bros, brought replevin for tbe mare for tbe purpose of foreclosing this mortgage. A number of motions were filed in tbe court of tbe justice of tbe peace, and tbe proceedings there resulted in an order dismissing tbe action and ordering tbe restoration of tbe mare to Porter. Notwithstanding that order, the possession of tbe mare was not restored and Barnett Bros, applied to tbe justice of tbe peace to appoint appraisers for…
2Cases cited2 opinions
- Love v. CahnSupreme Court of Arkansas · 1909
- Bolling v. FitzhughSupreme Court of Arkansas · 1907
3Cited by2 opinions
- Barnett v. McClainSupreme Court of Arkansas · 1922
- E. O. Barnett Bros. v. PorterSupreme Court of Arkansas · 1919