A. B. Smith Lumber Co. v. Portis Bros.
Supreme Court of Arkansas
Appeal from Poinsett Circuit Court, First Division; R. H. Dudley, Judge; 1. It was reversible error to refuse tbe continuance. Eaker was defendant’s only witness; be could not be present; due diligence was used to bave him present and to procure bis deposition. 9 Cyc. 105. 2. It was error to take tbe case from tbe jury and direct a verdict for plaintiffs.
Read the full summary
Appeal from Poinsett Circuit Court, First Division; R. H. Dudley, Judge; 1. It was reversible error to refuse tbe continuance. Eaker was defendant’s only witness; be could not be present; due diligence was used to bave him present and to procure bis deposition. 9 Cyc. 105. 2. It was error to take tbe case from tbe jury and direct a verdict for plaintiffs. Tbe undertaking was collateral and witbin tbe statute of frauds, and the question was one for a jury. 97 Ark. 438; 76 Id. 188; 99 Id. 490. Where there is any evidence tending to establish tbe issue, it is error to take tbe case from tbe…
1Opinion of the CourtHumphreys, J.
On tbe 26th day of October, 1917, appellee instituted an attachment suit against appellant in tbe Poinsett Circuit Court, to recover $648.02 upon account.
Appellant answered, denying tbe indebtedness, and pleading tbe statute of frauds.
On May 6,1918, a day of tbe May term of said court, appellant filed a motion for continuance on account of the absence of a witness, E. C. Eaker, who was in tbe military service of tbe United States and absent from the State of Arkansas. A continuance was then agreed upon between the parties under a stipulation that appellant would file a cross-bond and waive…
2Cases cited2 opinions
- St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. ColemanSupreme Court of Arkansas · 1911
3Cited by4 opinions
- Lyon v. Mutual Benefit Health & Accident Assn.Supreme Court of the United States · 1939
- Gill v. BurksSupreme Court of Arkansas · 1944
- Lonoke Production Credit Ass'n v. Pfeifer Milling Co.Court of Appeals of Arkansas · 1980
- Lyon v. Mutual Benefit Health & Accident Assn.Supreme Court of the United States · 1939