Franks v. Battles
Supreme Court of Arkansas
Appeal from Fulton Circuit Court; J. B. Baker, Judge; Tbe court below erred in overruling tbe demurrer of plaintiff and in bolding that tbe defense of an arbitration and award was a complete defense. Tbe parties tried to have a statutory arbitration and award under our statute. So intending, appellee must now defend this proceeding as a statutory arbitration and award. It is a statutory arbitration and award or nothing and binds no one. 2.A. & Eng. Enc.
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Appeal from Fulton Circuit Court; J. B. Baker, Judge; Tbe court below erred in overruling tbe demurrer of plaintiff and in bolding that tbe defense of an arbitration and award was a complete defense. Tbe parties tried to have a statutory arbitration and award under our statute. So intending, appellee must now defend this proceeding as a statutory arbitration and award. It is a statutory arbitration and award or nothing and binds no one. 2.A. & Eng. Enc. (2 ed.) 541. The intention was to have such arbitration and award, but it was not good as a statutory proceeding because it was supervised…
1Opinion of the CourtSmith, J.
The appellant, Talmage Franks, filed in the circuit court of Fulton County a complaint against the appellee, Enoch Battles, in which he alleged that the defendant had, on June 19, 1920, assaulted and wounded him with a knife, and he prayed judgment for damages in the sum of $1,620. To this complaint an answer was filed denying the commission of an unlawful assault.
The second paragraph of the answer contained the following recitals: That the parties to the controversy had entered into the following agreement:
“Agreement.
‘ ‘ July 12, 1920, this agreement entered into between Enoch Battles, party…
2Cases cited1 opinion
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