Legal Opinion

Roberts & Scheffer Co. v. Jones

Supreme Court of Arkansas

Decided March 11, 1907PublishedCited by 10 opinions

Appeal from Sebastian Circuit Court, Greenwood District, Styles T. Rowe, Judge; On motion to strike out bill of exceptions: 1. After the court had signed appellant’s bill of exceptions, appellee moved to set aside the order allowing, the bill of exceptions, which was denied. This was not a matter from which appellee could appeal to this court.

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Appeal from Sebastian Circuit Court, Greenwood District, Styles T. Rowe, Judge; On motion to strike out bill of exceptions: 1. After the court had signed appellant’s bill of exceptions, appellee moved to set aside the order allowing, the bill of exceptions, which was denied. This was not a matter from which appellee could appeal to this court. Kirby’s Digest, § § 1189, 1190; 26 Ark. 468; 27 Ark. 113. See, also, Kirby’s Digest, § 6221; 33 Ark. 569; 46 Md. 226; 2 Ark. 512, On appeal a bill of exceptions presented by the appellee will not be considered. 15 Mo. App. 585. There is therefore…

1Opinion of the CourtMcCureoch, J.

Since. the consideration of appellee’s motion to strike out the bill of exceptions was on a former day postponed, he filed his motion in the circuit court during the-regular January term, 1907, asking that the record of an order of the court purporting to have been made on January 23, 1906, adjourning to March 12, 1906, and the record of subsequent orders of the court affecting this cause, be 'corrected and set aside. The court heard oral evidence upon this motion and granted the prayer thereof, and appellant took an. appeal to'this court from the order and judgment of the court correcting…

2Cases cited12 opinions

  1. Bobo v. StateSupreme Court of Arkansas · 1882
  2. Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
  3. State ex rel. Butler v. WilliamsSupreme Court of Arkansas · 1886
  4. Ward v. MagnessSupreme Court of Arkansas · 1905
  5. Railway Co. v. TorreySupreme Court of Arkansas · 1893

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3Cited by10 opinions

  1. Peebles v. Eminent Household of Columbian WoodmenSupreme Court of Arkansas · 1914
  2. Central Coal & Coke Co. v. GrahamSupreme Court of Arkansas · 1917
  3. Smith v. Wallis-McKinney Coal Co.Supreme Court of Arkansas · 1919
  4. Ex parte BaldwinSupreme Court of Arkansas · 1915
  5. Routh v. ThorpeSupreme Court of Arkansas · 1912

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