East v. Southern Cotton Oil Co.
Supreme Court of Arkansas
Appeal from Clark Circuit Court, Geo. R. Haynie, Judge; STATEMENT BY THE COURT. Appellee brought suit in replevin against appellant in the Clark Circuit Court for about 14 tons of cotton seed in possession of appellant, same being stored in a little house just in the rear of the livery barn of appellant in Arkadelphia.
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Appeal from Clark Circuit Court, Geo. R. Haynie, Judge; STATEMENT BY THE COURT. Appellee brought suit in replevin against appellant in the Clark Circuit Court for about 14 tons of cotton seed in possession of appellant, same being stored in a little house just in the rear of the livery barn of appellant in Arkadelphia. The complaint stated that appellee was .the owner of the seed and entitled to the immediate possession thereof, and that the defendant unlawfully detained same, and asked for $50.00 damages for the detention of said seed. Appellant filed an answer and cross-complaint. The first…
1Opinion of the CourtHumphreys, J.
(after stating the facts). Appellee contends that the motion for a new trial has no place in the bill of exceptions and therefore that no motion for a new trial appears in the record and that for this reason the cause should be affirmed.(1) Our court held in the case of Farquharson v. Johnson, 35 Ark. 536, that it was necessary for the motion for a new trial to appear in the bill of exceptions, and the court could not take notice of it unless it was there. In later cases, the court held that the proper place for a motion for a new trial was in the record and not in the bill of exceptions.…
2Cases cited2 opinions
- Farquharson v. JohnsonSupreme Court of Arkansas · 1880
- Blackmore v. PresidentSupreme Court of Arkansas · 1842