Young v. Stevenson
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. Styles T. Rowe, Judge. STATEMENT BY THE COURT. Appellant, D. J. Young, having a judgment against the appellee, caused execution to be issued thereon, and levied upon a stock of liquors which appellee was selling at retail.
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Appeal from Sebastian Circuit Court, Fort Smith District. Styles T. Rowe, Judge. STATEMENT BY THE COURT. Appellant, D. J. Young, having a judgment against the appellee, caused execution to be issued thereon, and levied upon a stock of liquors which appellee was selling at retail. The saloon in which appellee did business was taken charge of under the execution and closed by the sheriff, and appellee brought this-suit against appellants, Young and the' sheriff, and the sureties on a bond of indemnity executed by Young to the sheriff. The complaint alleged that the execution was void by reason…
1Opinion of the Court
McCueeoch, J.,
(after stating the facts.) Appellants insist that the judgment must be reversed because the^ verdict embraced elements of damages not claimed in the complaint. This would follow if they had objected to the introduction of evidence as to the added elements of damages, and saved their exceptions thereto. They did object, but the court admitted the evidence, and they failed to preserve their exception in the motion for new trial, and therefore are -held to have waived it.
Their exception to the ruling of the court in refusing to give the three instructions asked en masse cannot be…
2Cases cited12 opinions
- Quertermous v. HatfieldSupreme Court of Arkansas · 1890
- Dunnington v. Frick Co.Supreme Court of Arkansas · 1895
- Kauffman & Runge v. BabcockTexas Supreme Court · 1887
- Teague, Barnett & Co. v. LindseySupreme Court of Alabama · 1894
- Wimbish v. HamiltonSupreme Court of Louisiana · 1895
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3Cited by17 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HambrightSupreme Court of Arkansas · 1908
- Tiner v. StateSupreme Court of Arkansas · 1913
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- Jacks v. ReevesSupreme Court of Arkansas · 1906
- Kansas City Southern Railway Co. v. DavisSupreme Court of Arkansas · 1907
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