Legal Opinion

Franks v. Battles

Supreme Court of Arkansas

Decided January 24, 1921PublishedCited by 2 opinions

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

  1. Wilkinson v. PrichardSupreme Court of Iowa · 1909

3Cited by2 opinions

  1. McEntire v. Monarch Feed Mills, Inc.Supreme Court of Arkansas · 1982
  2. Park Construction Co. v. Independent School District No. 32Supreme Court of Minnesota · 1941

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