Legal Opinion

Chandler v. Lazarus

Supreme Court of Arkansas

Decided January 16, 1892PublishedCited by 2 opinions

APPEAL from Ouachita Circuit Court. Charles W. Smith, Judge. 1. In all actions for damages the plaintiff must have a preponderance of evidence. I Greenleaf, Ev., sec. 75 ; 2 Denio, 609; 51 Ark., 397. The preponderance is clearly with the appellant. 2. A new trial should have been granted for newly discovered evidence, original evidence, and not cumulative merely. 3. When a court of chancery takes jurisdiction for one purpose, it does for all. 1 Story, Eq.

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APPEAL from Ouachita Circuit Court. Charles W. Smith, Judge. 1. In all actions for damages the plaintiff must have a preponderance of evidence. I Greenleaf, Ev., sec. 75 ; 2 Denio, 609; 51 Ark., 397. The preponderance is clearly with the appellant. 2. A new trial should have been granted for newly discovered evidence, original evidence, and not cumulative merely. 3. When a court of chancery takes jurisdiction for one purpose, it does for all. 1 Story, Eq. Jur., sec. 65 ; 2 Ch. Cas., 200-1. It was error to transfer to the law docket, thus cutting off material defenses. 4. It was 'error to…

1Opinion of the CourtBattle, J.

Lazarus & Levy brought this action against Chandler in the Ouachita circuit court, on the chancery side thereof. They alleged in their complaint that they were the -owners of lot 15 in block 3 in the city of Camden and a brick building thereon which covered the entire lot; that the defendant owned the lot adjoining their lot on the west and the frame building thereon; that the last mentioned building had a shingle roof which sloped east and west, so that the eaves thereof were several feet lower than plaintiff’s eastern wall and the “ comb ” of the defendant’s house ; that, on the east side…

2Cases cited3 opinions

  1. Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
  2. Underwood v. WaldronMichigan Supreme Court · 1876
  3. Hazeltine v. EdgmandSupreme Court of Kansas · 1886

3Cited by2 opinions

  1. Barry-Wehmiller Machinery Co. v. ThompsonSupreme Court of Arkansas · 1907
  2. Richardson v. SalleeSupreme Court of Arkansas · 1944

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