Legal Opinion
Sutter v. Payne
Supreme Court of Arkansas
Decided April 22, 1999No. 98-1023PublishedCited by 23 opinions
1Opinion of the Court
Annabelle Clinton Imber, Justice.
This case involves a novel issue of civil procedure regarding the common-defense doctrine. The trial court ruled that the appellant, Joshua Sutter, could not benefit from the answer timely filed by his co-defendant, Luther O’Neal Sutter, 1 because Luther voluntarily withdrew his pleadings. We reverse and remand.
Luther S. Sutter died testate leaving the appellees, Mary Lou Sutter Payne and Cora Sue Sutter West, as the co-executors of his estate. On December 26, 1996, Ms. Payne and Ms. West filed a declaratory-judgment action asking the court to determine the…
2Cases cited17 opinions
- Conduitt v. Trentonton Gas & Electric Co.Supreme Court of Missouri · 1930
- B & F ENGINEERING, INC. v. CotroneoSupreme Court of Arkansas · 1992
- Blazina v. BlazinaAppellate Court of Illinois · 1976
- Southeast Foods, Inc. v. KeenerSupreme Court of Arkansas · 1998
- Arnold Fireworks Display, Inc. v. SchmidtSupreme Court of Arkansas · 1991
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Dodson v. Allstate InsuranceSupreme Court of Arkansas · 2001
- Davenport v. LeeSupreme Court of Arkansas · 2002
- Estate of Otto v. Physicians Insurance Co. of Wisconsin, Inc.Wisconsin Supreme Court · 2008
- Masden v. StateMissouri Court of Appeals · 2001
- Epting v. Precision Paint & Glass, Inc.Supreme Court of Arkansas · 2003
18 more not listed; retrieve them via the Exa API.