Capital Fire Insurance v. Davis
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; 1. The so-called answers filed by the appellant were nothing more than the statutory pleas of nonjoinder and misjoinder of parties, and were, by the express terms of the statute, demurrers.
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Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; 1. The so-called answers filed by the appellant were nothing more than the statutory pleas of nonjoinder and misjoinder of parties, and were, by the express terms of the statute, demurrers. Kirby’s Digest, § 6093, subdiv. 4. The character of a pleading is to be determined by its allegations, not from its name. 54 Ark. 468; 58 Ark. 136. The judgment of the court was, therefore, a default judgment. 2. The code of practice establishes a due and orderly method for dispatching the business of the courts, among other things requiring that…
1Opinion of the CourtMcCueeoch, J.
Appellees, J. H. Davis & Son, instituted this action in the circuit court of Cleburne County against the Capital Fire Insurance Company, an Arkansas corporation, and certain individuals alleged to be sureties on an insurance bond, to recover upon a policy the value of the insured property which had been destroyed by fire.
It is alleged in the complaint that the policy was issued by the Arkansas Mutual Fire Insurance Company, another Arkansas corporation; that said sureties had executed a bond to the State of Arkansas conditioned upon the payment of all losses to policy holders of said company;…
2Cases cited1 opinion
- Leaming v. McMillanSupreme Court of Arkansas · 1894
3Cited by5 opinions
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- Johnson v. JettSupreme Court of Arkansas · 1942
- Citizens Bank v. BarrSupreme Court of Arkansas · 1916
- Greer v. KeathlySupreme Court of Arkansas · 1935
- Mayberry v. PennSupreme Court of Arkansas · 1941