Legal Opinion

Byers v. Moore

Supreme Court of Arkansas

Decided December 15, 1913PublishedCited by 7 opinions

Appeal from Monroe Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. Appellant was plaintiff below and alleged in ber complaint that sbe was tbe owner of and entitled to the immediate possession of tbe store building occupied by tbe defendant and used by him as a restaurant in tbe city of Brinkley.

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Appeal from Monroe Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. Appellant was plaintiff below and alleged in ber complaint that sbe was tbe owner of and entitled to the immediate possession of tbe store building occupied by tbe defendant and used by him as a restaurant in tbe city of Brinkley. Sbe further alleged that on or about October 1, 1910, tbe defendant rented or leased said building for a period of one month for tbe sum of thirty dollars, and on or about tbe 3d day of November, 1910, the defendant advised appellant’s husband, who was ber agent, that be would not…

1Opinion of the Court

Smith, J.,

(after stating the facts). The items numbered 2, 3, 4, 6 and 7, are not recoverable, because they are too remote, and the items numbered 1, 12 and 13 are not recoverable because their value was not affected by appellee’s eviction. DarSages on the remaining items were recoverable, except as hereafter stated, if the jury accepted appellee’s statement of the fact that these expenditures were a loss to him after his eviction.

The measure of damages in such cases is stated in the opinion in the case of McElvaney v. Smith, 76 Ark. 468, Avhere, in an opinion delivered by Mr. Justice…

2Cases cited2 opinions

  1. Delaney v. JacksonSupreme Court of Arkansas · 1910
  2. McElvaney v. SmithSupreme Court of Arkansas · 1905

3Cited by7 opinions

  1. Sumlin v. WoodsonSupreme Court of Arkansas · 1947
  2. Brickey v. LacySupreme Court of Arkansas · 1968
  3. Franks v. RogersSupreme Court of Arkansas · 1922
  4. Basin Park Hotel Ass'n v. Arkansas Co.Supreme Court of Arkansas · 1922
  5. Wakin v. MorganSupreme Court of Arkansas · 1924

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