National Lumber Co. v. Snell
Supreme Court of Arkansas
APPEAL from Craighead Circuit Court. Hon. W. H. Cate, Circuit Judge. 1. The court erred in refusing to reduce the instruction given on its own motion to writing, after having been requested so to do, before the argument commenced. The instructions to the jury “shall be reduced to writing if either party requires it.” Mansf. Dig., sec. 5131. And, “Judges in jury trials shall reduce their charge or instructions to writing if either party requires it.”
Read the full summary
APPEAL from Craighead Circuit Court. Hon. W. H. Cate, Circuit Judge. 1. The court erred in refusing to reduce the instruction given on its own motion to writing, after having been requested so to do, before the argument commenced. The instructions to the jury “shall be reduced to writing if either party requires it.” Mansf. Dig., sec. 5131. And, “Judges in jury trials shall reduce their charge or instructions to writing if either party requires it.” Const. 1874, art. 7, sec. 23 ; Ind., 170; Thompson, Charging the Jury, 137; 43 Mo., 64. And this error is not cured by reducing it .to writing…
1Opinion of the CourtCockrill, C. J.
The appellee sued A. B. Fisher and caused an attachment to be levied upon a portable saw mill and appurtenances as his property. The National Lumber Company asserted title to the property and intervened in the attachment proceeding for the purpose of recovering it. The appellee denied the company’s title and a jury was impaneled to try the issue. The evidence tended to establish upon the one hand that Fisher had sold the property to his Wife, and afterwards, as president of the company, purchased it from her for the company; and on the other hand that the company had refused to receive the…
2Cases cited1 opinion
- Bradway v. WaddellIndiana Supreme Court · 1884
3Cited by12 opinions
- Lee v. StateSupreme Court of Arkansas · 1904
- Leggett v. StateSupreme Court of Arkansas · 1957
- Bird v. StateCourt of Criminal Appeals of Oklahoma · 1922
- Merrill v. City of Van BurenSupreme Court of Arkansas · 1916
- Reed v. RogersSupreme Court of Arkansas · 1918
7 more not listed; retrieve them via the Exa API.