Mulligan v. Phelps Construction Co.

Opinion of the Court by

Judge Richardson

Affirming.

J. F. Mulligan, E. M. Mulligan, and J. W. Howard are appealing from a judgment of the Pulaski circuit court entered at the special December term, December 30, 1933, insisting that the case was tried tempo accelerando. Thus they were accorded rough justice.

Sustaining this insistence, they earnestly urge that the cause did not stand for trial at the time the judgment was rendered and it is not sustained by the evidence.

The Phelps Construction Company, a corporation, during the years 1931, 1932, and 1933, engaged in constructing highways under…