Boone v. Skinner
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; STATEMENT BY THE COURT. The facts as found and the judgment as rendered by the trial court are as follows: “That, upon the calling of said cause for trial on the 25th day of April, 1907, the plaintiff did not appear for a prosecution of his suit because of illness, and that he submitted to the court a certificate from a physician stating that he was ill and unable to attend said court; that the defendant resided…
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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; STATEMENT BY THE COURT. The facts as found and the judgment as rendered by the trial court are as follows: “That, upon the calling of said cause for trial on the 25th day of April, 1907, the plaintiff did not appear for a prosecution of his suit because of illness, and that he submitted to the court a certificate from a physician stating that he was ill and unable to attend said court; that the defendant resided in the county of Randolph, and appeared for trial with his witnesses brought from the town of Pocahontas, and was ready…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Counsel seek to have us construe section 6175, Kirby’s Digest, which provides: “No order of continuance shall take effect until the party upon whose application it was granted shall have paid or secured the payment of all costs of the action due for the term in which the continuance shall be granted.”
It is unnecessary in the opinion of the court to determine in this case whether the above statute is mandatory or directory; for in either event the judgment of the court is correct and must be affirmed. We only reverse for errors in the rulings of the trial…
2Cases cited7 opinions
- Williams v. DickensonSupreme Court of Florida · 1891
- Jones v. StateSupreme Court of Arkansas · 1895
- Puckett v. StateSupreme Court of Arkansas · 1902
- Supreme Lodge Knights of Pythias v. RobbinsSupreme Court of Arkansas · 1902
- St. Louis, Iron Mountain & Southern Railway Co. v. PowerSupreme Court of Arkansas · 1899
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3Cited by2 opinions
- Odaware v. Robertson Aerial-AG, Inc.Court of Appeals of Arkansas · 1985
- Odaware v. Robertson Aerial-AG, Inc.Court of Appeals of Arkansas · 1985