Legal Opinion

Combs v. Lake

Supreme Court of Arkansas

Decided June 21, 1909PublishedCited by 5 opinions

Appeal from Marion Circuit 'Court; Brice B. Hudgins, Judge; STATEMENT BY THE COURT. This is the second appeal in this case. The case on the first appeal is reported in 84 Ark. 21 (Lake v. Combs), where the issues and facts are fully stated. On the former appeal we reversed and remanded the cause “with instructions to proceed with the suit for the recovery of the land and the usable value thereof from the date Combs took possession.”

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Appeal from Marion Circuit 'Court; Brice B. Hudgins, Judge; STATEMENT BY THE COURT. This is the second appeal in this case. The case on the first appeal is reported in 84 Ark. 21 (Lake v. Combs), where the issues and facts are fully stated. On the former appeal we reversed and remanded the cause “with instructions to proceed with the suit for the recovery of the land and the usable value thereof from the date Combs took possession.” When the cause on remand reached the lower court, additional pleadings were unnecessarily filed to present the only issue that could be presented under the…

1Opinion of the Court

Wood, J.,

(after stating the facts). First. It appears that appellee Lake “was offered $300 a year for it if he would deliver the place that 'Combs (appellant) holds with the lands, so that the ferry could be put in and operated from that place.” Appellee could get $300 a year for it. Hence he testified that it was worth $300 per year. After the statement of this fact the jury could draw the conclusion as well as appellee that the usable value of the land for ferry purposes was $300 per year. But it was not error, at least not prejudicial error, for him to state that it was worth $300 a year…

2Cases cited4 opinions

  1. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  2. Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899
  3. L. R., M. R. & T. Ry. v. HaynesSupreme Court of Arkansas · 1886
  4. St. Louis, Iron Mountain & Southern Ry. Co. v. BrooksherSupreme Court of Arkansas · 1908

3Cited by5 opinions

  1. Fort Smith & Van Buren District v. ScottSupreme Court of Arkansas · 1912
  2. General Fire Extinguisher Co. v. Beal-Doyle Dry Goods Co.Supreme Court of Arkansas · 1913
  3. Stuttgart & Rice Belt Railroad v. KocourekSupreme Court of Arkansas · 1911
  4. Penn-National Hardware Mutual v. GriffinSupreme Court of Arkansas · 1927
  5. DeLaughter v. BrittSupreme Court of Arkansas · 1967

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