Shorter University v. Franklin
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Edward W. WinEieed, Judge. The finding of the jury will not be disturbed where there . is evidence to support it. 57 Ark. 577; 25 Ark. 474; 31 Ark. 163; 23 Ark. 131. The question of service cannot be raised here for the first time. 35 Ark. 95; 38 Ark. 102; 25 Ark. 164; 33 Ark. 107; 14 Ark. 235. A defective complaint will be considered as amended where both parties without objection directed their evidence to the same issue. 54 Ark. 289; 59…
Read the full summary
Appeal from Pulaski Circuit Court. Edward W. WinEieed, Judge. The finding of the jury will not be disturbed where there . is evidence to support it. 57 Ark. 577; 25 Ark. 474; 31 Ark. 163; 23 Ark. 131. The question of service cannot be raised here for the first time. 35 Ark. 95; 38 Ark. 102; 25 Ark. 164; 33 Ark. 107; 14 Ark. 235. A defective complaint will be considered as amended where both parties without objection directed their evidence to the same issue. 54 Ark. 289; 59 Ark. 215. The court had power to amend the judgment. Kirby’s Dig. § 6145; 32 Ark. 612; 39 Ark. 337; 25 Ark. 212. The…
1Opinion of the CourtHiee, C. J.
This is a cause originating in justice of the peace court, and, after trial on appeal in circuit court, is brought here. The contest seems to have been whether a grocery bill of $54.95 was properly charged to Shorter University or to one W. C. Cox, the manager of the boarding department of the university. The appellant has wholly failed to set forth “the material parts of the pleadings, proceedings, facts and documents upon which he relies, together with such other statements from the record as are necessary to a full understanding of all questions presented to the court for decision,” as…
2Cases cited23 opinions
- City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
- Hawkins v. TaylorSupreme Court of Arkansas · 1892
- Cairo & Fulton Railroad v. TroutSupreme Court of Arkansas · 1877
- Southern Building & Loan Ass'n v. HallumSupreme Court of Arkansas · 1894
- Koch v. KimberlingSupreme Court of Arkansas · 1892
18 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- J.B. Hunt Transport, Inc. v. DossSupreme Court of Arkansas · 1995
- St. Louis, Iron Mountain & Southern Railway Co. v. BoylesSupreme Court of Arkansas · 1906
- Zini v. PercifulSupreme Court of Arkansas · 1986
- St. Louis, Iron Mountain & Southern Railway Co. v. RainesSupreme Court of Arkansas · 1909
- Keller v. SawyerSupreme Court of Arkansas · 1912
14 more not listed; retrieve them via the Exa API.