Legal Opinion

Neal v. Cone

Supreme Court of Arkansas

Decided July 8, 1905PublishedCited by 11 opinions

Appeal from Calhoun Circuit Court. Charres W. Smith, Judge. STATEMENT BY THE COURT. The appellee filed the following affidavit before J. S. Newton, J. P.: “The plaintiff, R. H. Cone, states the defendant, Gray Roger- ' son, by a ve.rbal promise agreed to pay to the plaintiff two cents apiece for all the pipe staves and one cent apiece for all the West India staves he should make on the northeast quarter, northwest quarter, section 32, township 15 south, range 14 west, as the…

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Appeal from Calhoun Circuit Court. Charres W. Smith, Judge. STATEMENT BY THE COURT. The appellee filed the following affidavit before J. S. Newton, J. P.: “The plaintiff, R. H. Cone, states the defendant, Gray Roger- ' son, by a ve.rbal promise agreed to pay to the plaintiff two cents apiece for all the pipe staves and one cent apiece for all the West India staves he should make on the northeast quarter, northwest quarter, section 32, township 15 south, range 14 west, as the purchase price of the timber used in manufacturing said staves, which the plaintiff sold and delivered to the…

1Opinion of the Court

Wood, J.,

(after stating the facts.) The affidavit of the appellee, and his evidence, and that of the only other party to the contract out of which the suit arose, shows that the suit was an effort upon the part of appellee to enforce a specific attachment in favor of the vendor of a lot of staves for the purchase price of the timber that was used in the manufacture of the staves. It appears that appellee asked and was granted on his affidavit an order directing the officer to take the staves designated, which was duly executed, and in this way appellee seeks to establish a vendor’s lien upon…

2Cited by11 opinions

  1. Olson v. Moody, Knight & Lewis, Inc.Supreme Court of Arkansas · 1922
  2. Farmers Rice Milling Co. v. Hawkins (In Re Bearhouse, Inc.)United States Bankruptcy Court, W.D. Arkansas · 1988
  3. Roy v. NotestineSupreme Court of Arkansas · 1950
  4. Gordon Hollow Blast Grate Co. v. ZearingSupreme Court of Arkansas · 1917
  5. Lavender v. FinchSupreme Court of Arkansas · 1920

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