Scroggin v. Hammett Grocer Co.
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court in Chancery. Charles W. Smith, Judge. It was error for the chancellor to refuse to pass upon appellants’ motion for new trial. 40 Ark. 338; id. 551; 48 Ark. 535; 50 Ark. 458; 51 Ark. 341; 57 Ark. 597; 61 Ark. 346. The tax-assessment list of appellees was not competent evidence. 42 Ark. 527; 44 Ark. 263. The shipment of goods out of the state, in the regular course of business, about six months before the attachment, was not such a removal…
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Appeal from Ouachita Circuit Court in Chancery. Charles W. Smith, Judge. It was error for the chancellor to refuse to pass upon appellants’ motion for new trial. 40 Ark. 338; id. 551; 48 Ark. 535; 50 Ark. 458; 51 Ark. 341; 57 Ark. 597; 61 Ark. 346. The tax-assessment list of appellees was not competent evidence. 42 Ark. 527; 44 Ark. 263. The shipment of goods out of the state, in the regular course of business, about six months before the attachment, was not such a removal as authorized the attachment. 4 Fed. 298; 44 Ark. 304; Drake, Attach. § 71.
1Opinion of the CourtBattle, J.
Appellants lost the benefit of their motion for a new trial by their own negligence. They alleged that the motion, which was set out in their complaint, was filed in due time, but that the court failed to act upon it. The only reason given for this failure was “that defendant’s counsel were of the impression that said motion had been overruled, and that plaintiffs thereby lost their right of appeal without any fault or negligence on their part, but solely on account of the failure to call up and act upon said motion as above set out.” This reason is insufficient. It was their duty to call up…
2Cases cited1 opinion
- Vallentine v. HollandSupreme Court of Arkansas · 1883
3Cited by11 opinions
- Blackstad Mercantile Co. v. BondSupreme Court of Arkansas · 1912
- Corney v. CorneySupreme Court of Arkansas · 1910
- City of Monticello v. KimbroSupreme Court of Arkansas · 1943
- Beth v. HarrisSupreme Court of Arkansas · 1945
- Chalkley v. HenleySupreme Court of Arkansas · 1928
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