Voss v. Arthurs
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; J. B. Baker, Judge on Exchange; 1. The demurrer should have been sustained. The complaint alleges no fraud on the part of defendants or their attorneys. 39 Ark. 107; 97 Id. 117; 43 Id. 107. 2. No fraud is alleged on part of defendants in procuring the judgment. 75 Ark. 426; 73 Id. 443; 93 Id. 269. 3. No proper defense is alleged. 83 Ark. 17; 104 Id. 449-458. 4. Defendants were entitled to an instructed verdict. 12 R. C. L. 242, 319, 352,…
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Appeal from Jackson Circuit Court; J. B. Baker, Judge on Exchange; 1. The demurrer should have been sustained. The complaint alleges no fraud on the part of defendants or their attorneys. 39 Ark. 107; 97 Id. 117; 43 Id. 107. 2. No fraud is alleged on part of defendants in procuring the judgment. 75 Ark. 426; 73 Id. 443; 93 Id. 269. 3. No proper defense is alleged. 83 Ark. 17; 104 Id. 449-458. 4. Defendants were entitled to an instructed verdict. 12 R. C. L. 242, 319, 352, 335; 12 Id. 237. 5. The fraud practiced by Kerin or plaintiff’s attorney will not avail. 2 R. C. L. 982; 4 L. R. A. (N.…
1Opinion of the CourtMcCulloch, C. J.
In the year 1910 an action was instituted.in the circuit court of Jackson County in. the •name of John Kerin and appellee W. A. Arthurs, under the partnership name of Kerin, Arthurs & Co., against appellants A. S. Yoss, J. N. Murphy and W. P. Bonly to recover possession of certain described live stock, right of possession being asserted by the plaintiffs in the action under a chattel mortgage executed by defendants therein to the firm of Kerin, Arthurs & Co. An order of delivery was duly issued in the action and bond given by the plaintiffs, and the officers took possession of the property in…
2Cases cited5 opinions
- Ingham Lumber Co. v. IngersollSupreme Court of Arkansas · 1910
- McClure v. HillSupreme Court of Arkansas · 1880
- Molen v. OrrSupreme Court of Arkansas · 1884
- W. D. Reeves Lumber Co. v. DavisSupreme Court of Arkansas · 1916
- McIlroy v. AdamsSupreme Court of Arkansas · 1877
3Cited by5 opinions
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- Fidelity & Casualty Co. of New York v. J. A. Jones Construction Co.District Court, E.D. Arkansas · 1961
- McGlone v. StokesSupreme Court of Arkansas · 1937
- United Equitable Insurance v. KarberSupreme Court of Arkansas · 1967
- Larson MacHine, Inc. v. WallaceSupreme Court of Arkansas · 1980