Mizell v. McDonald
Supreme Court of Arkansas
Error to Clark Circuit Court. lion. E. J. Searle, Circuit Judge. The default admitted the plaintiffs’ right to some damages, but not. any particular amount.
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Error to Clark Circuit Court. lion. E. J. Searle, Circuit Judge. The default admitted the plaintiffs’ right to some damages, but not. any particular amount. Thompson v. JTaislip, 14 Ark,., 8%0. It follows that the defendant may show that the charges are too high, that the liability was under a contract or agreement fixing a less amount, or that a portion of the charges are unsupported by the facts, as the maintaining of these several positions are entirely consistent with the legal admission that some damages are due. There was no declaration, motion, notice or appearance, as against the…
1Opinion of the CourtWalker, C. J.
This case comes before us upon a writ of error to the Clark circuit court.
McDonald & Co. brought an action of assumpsit, by attachment, against Baker & Mizell.' The writ of attachment was levied upon the property of the defendants, who entered into bond, as required by statute, for the release of the attached property. Having failed to defend the action, judgment by default was rendered against them-, and a writ of inquiry awarded to assess damages. Upon the trial before the jury for that purpose, the defendants offered to introduce evidence in mitigation of damages, but the court refused to…
2Cited by11 opinions
- Kohlenberger, Inc. v. Tyson's Foods, Inc.Supreme Court of Arkansas · 1974
- Parker v. DekleSupreme Court of Florida · 1903
- American Mortgage Co. v. WilliamsSupreme Court of Arkansas · 1912
- Jones v. McGrawSupreme Court of Arkansas · 2008
- Clark v. CollinsSupreme Court of Arkansas · 1948
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