Smith v. Lee
Supreme Court of Arkansas
Appeal from Craighead Circuit Court. Felix G. Taylor, Judge. The court erred in refusing the second declaration of law asked by appellants. 44 Ark. 178; 52 Ark. 340. No judgment for the value of the lumber could have been entered on the inter-plea. 53 Ark. 133. The suit in conversion, though afterwards dismissed, was an election. 21 N. E. 172; 20 So. 890; 22 N. E. 346; 52 Mo. App. 407; 62 N. W. 346; 26 S. W. 360; 18 Am.
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Appeal from Craighead Circuit Court. Felix G. Taylor, Judge. The court erred in refusing the second declaration of law asked by appellants. 44 Ark. 178; 52 Ark. 340. No judgment for the value of the lumber could have been entered on the inter-plea. 53 Ark. 133. The suit in conversion, though afterwards dismissed, was an election. 21 N. E. 172; 20 So. 890; 22 N. E. 346; 52 Mo. App. 407; 62 N. W. 346; 26 S. W. 360; 18 Am. Dec. 719; 73 N. W. 1079; 94 N. W. 859. The sureties on the supersedeas bond would not now be liable, even if the judgment of this court, upon which they are sued, was valid.…
1Opinion of the Court
Him,, C. J.
In the case of Smith, Graham & Jones and the Cross County. Bank, plaintiffs, Jones & McPherson Bros., defendants, and Lee & Company, interveners, a judgment was rendered March 10, 1894, by the Craighead Circuit Court in substance as follows: That a sawmill, 250,000 feet of poplar lumber, and 40,000 feet of poplar logs, taken under writ of attachment in suits of the plaintiffs against the defendants, be delivered to the interveners, and that the interveners recover their costs. The sawmill and logs were delivered to interveners under this judgment. The plaintiffs appealed from the…
2Cases cited2 opinions
- Fly v. Grieb's AdministratorSupreme Court of Arkansas · 1896
- Smith v. JonesSupreme Court of Arkansas · 1896
3Cited by1 opinion
- Maloney v. Jones-Wise Commission Co.Supreme Court of Arkansas · 1915