Citizens Bank v. Barr
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Paul Little, Judge; 1. The appellant was prevented from attending the trial by unavoidable casualty. It was the' duty of the court to set aside the verdict.and grant a new trial and its refusal was an abuse of discretion. 89 Ark. 359;. 107 Id. 415. A good defense was shown. No meritorious defense to the suit was shown and no unavoidable casualty was shown. All the evidence was not in the record.
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Appeal from Sebastian Circuit Court, Greenwood District; Paul Little, Judge; 1. The appellant was prevented from attending the trial by unavoidable casualty. It was the' duty of the court to set aside the verdict.and grant a new trial and its refusal was an abuse of discretion. 89 Ark. 359;. 107 Id. 415. A good defense was shown. No meritorious defense to the suit was shown and no unavoidable casualty was shown. All the evidence was not in the record. No abuse of discretion is shown. 54 Ark. 159; 55 Id. 126; 72 Id. 185. The bank has disclosed no rights in the controversy. 76 Ark. 326.
1Opinion of the CourtHart, J.
The Citizens Bank of Lavaca prosecutes this appeal to reverse a judgment of the circuit court refusing to set aside a judgment in favor of the plaintiff in a case wherein J. J. Barr was plaintiff and Tom Harrison was defendant,1 and the bank was'intervener. Barr .sued Harrison before a justice of the peace to enforce his landlord’s lien for supplies. The Citizens Bank of Lavaca was permitted to intervene, but the record does not show the nature of its intervention. The justice of the peace rendered judgment for the plaintiff against the defendant and found that the plaintiff had a prior lien…
2Cases cited6 opinions
- Hunton v. EuperSupreme Court of Arkansas · 1896
- Quigley v. HammondSupreme Court of Arkansas · 1912
- Leaming v. McMillanSupreme Court of Arkansas · 1894
- Simpson & Webb Furniture Co. v. MooreSupreme Court of Arkansas · 1910
- Plunkett v. State National BankSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Davis v. SchimmelSupreme Court of Arkansas · 1972
- Montague v. CraddockSupreme Court of Arkansas · 1917
- Minick v. RameySupreme Court of Arkansas · 1925
- Osborne v. LawrenceSupreme Court of Arkansas · 1916
- K. & S. Sales Co. v. LeeSupreme Court of Arkansas · 1924
1 more not listed; retrieve them via the Exa API.