St. Louis Southwestern Railway Co. v. Mulkey
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This is an ejectment suit brought by the railway company against appellee for a strip of land 100 feet in length east and west and 10 feet wide north and south, in the town of Lewis-ville, Arkansas, lying between a lot purchased by W. G. Wadley from John Ingram on February 6, 1906, the description in the deed conveying only a tract of land of certain dimensions which does not include this…
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Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This is an ejectment suit brought by the railway company against appellee for a strip of land 100 feet in length east and west and 10 feet wide north and south, in the town of Lewis-ville, Arkansas, lying between a lot purchased by W. G. Wadley from John Ingram on February 6, 1906, the description in the deed conveying only a tract of land of certain dimensions which does not include this strip. It was alleged that it was part of the railway reservation; that said Ingram fifteen or sixteen years prior to the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is claimed by appellant that the court erred in directing a verdict for appellee, and by appellee that, since each party asked for a directed verdict in his favor, neither can complain after judgment that such direction was improper.
It has been frequently and uniformly held by this court that it is not proper to direct a verdict for one of the parties, if there is a disputed question of fact. It has also been held by our court in Pacific Mutual Life Insurance Co. v. Carter, 92 Ark. 278, 123 S. W. 384, that when one of the parties asks a peremptory…
2Cases cited12 opinions
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
- Mascott v. First National Fire InsuranceSupreme Court of Vermont · 1896
- Wilson v. HunterSupreme Court of Arkansas · 1894
- Merwin v. MagoneCourt of Appeals for the Second Circuit · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Catlett v. Chestnut, as Exr.Supreme Court of Florida · 1933
- Waller v. DansbySupreme Court of Arkansas · 1920
- General Fire Extinguisher Co. v. Northwestern Auto Supply Co.Montana Supreme Court · 1922
- St. Louis, Iron Mountain & Southern Railway Co. v. IngramSupreme Court of Arkansas · 1915
- Fifty Associates Co. v. QuigleyMontana Supreme Court · 1919
50 more not listed; retrieve them via the Exa API.