Weigel v. McCloskey
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; Q. W. Hendricks, Judge; STATEMENT BY THE COURT. • C. E. McCloskey instituted this action against E. N. Weigel to recover damages for false imprisonment. His complaint also alleges that during the time of his imprisonment he was unlawfully and wrongfully forced to wear upon his leg an iron shackle, commonly known as a “spur,” which was very painful, and caused a sore on his leg.
Read the full summary
Appeal from Pulaski Circuit Court, Third Division; Q. W. Hendricks, Judge; STATEMENT BY THE COURT. • C. E. McCloskey instituted this action against E. N. Weigel to recover damages for false imprisonment. His complaint also alleges that during the time of his imprisonment he was unlawfully and wrongfully forced to wear upon his leg an iron shackle, commonly known as a “spur,” which was very painful, and caused a sore on his leg. The facts are as follows: The plaintiff, McCloskey, was convicted before a justice of the peace in Pulaski County of two offenses, his fine being fixed in one case at…
1Opinion of the Court
TIart, J.,
(after stating the facts). Counsel for defendant made a motion to compel plaintiff to elect upon which cause of action he would proceed to trial, and assigns as error tile action of the court in refusing to require plaintiff to make such election. An act of the General Assembly of 1905 provides, in effect, that when causes of a like nature, or relative to the same question, are pending in any circuit court in this State, the court may consolidate said causes when it appears reasonable to do so. Acts of 1905, page 798. If separate actions had been brought, we think the court could…
2Cases cited6 opinions
- Mahoney v. RobertsSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. SteedSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. DallasSupreme Court of Arkansas · 1910
- Western Union Telegraph Co. v. ShofnerSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. HydrickSupreme Court of Arkansas · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- William Whirl v. C. v. (Buster) Kern and Fidelity and Deposit Company of MarylandCourt of Appeals for the Fifth Circuit · 1969
- Nadeau v. StateSupreme Judicial Court of Maine · 1978
- Kinegak v. State, Department of CorrectionsAlaska Supreme Court · 2006
- Díaz Díaz v. Cándida Campos de CórdovaSupreme Court of Puerto Rico · 1960
- Maurello v. United StatesDistrict Court, D. New Jersey · 2000
8 more not listed; retrieve them via the Exa API.