Russell v. Brooks
Supreme Court of Arkansas
Appeal from Pope Circuit Court; J. Hugh Basham, Judge; statement by the court. This is a suit by appellee to recover of appellants a certain mule. The complaint was in the usual form in replevin, and was against John M. Hatley.
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Appeal from Pope Circuit Court; J. Hugh Basham, Judge; statement by the court. This is a suit by appellee to recover of appellants a certain mule. The complaint was in the usual form in replevin, and was against John M. Hatley. The appellants filed the following motion and answer: “Come T. D. Brooks, A. S.-Hays and J. M. Martin, and respectfully state that they are interested in the property sued for in this action, in this, that they were the sole owners of said property, and have possession thereof, and they allege that the defendant has no interest in said property. And they ask to be made…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Under our statute, one who obtains personal property from another by any false pretense, intending to defraud, upon conviction thereof, shall be deemed guilty of larceny. Sec. 1689, Kirby’s Digest. See also 1 Wharton, Cr. Law, 916; 1 Bish. Cr. Law.
We are of the opinion that, when all the facts and circumstances disclosed by the evidence in this record are considered, it was a question of fact for a jury to say, under proper instructions, as to whether the two men mentioned had not entered into a conspiracy to defraud appellant by falsely pretending that the…
2Cases cited2 opinions
- Bank of Little Rock v. FrankSupreme Court of Arkansas · 1896
- Phelan v. DalsonSupreme Court of Arkansas · 1853
3Cited by15 opinions
- Clay v. BrandSupreme Court of Arkansas · 1963
- Dobbins v. Martin Buick Co.Supreme Court of Arkansas · 1950
- Buck v. GillhamCourt of Appeals of Arkansas · 2003
- Biddle v. BiddleSupreme Court of Arkansas · 1944
- Eureka Springs Sales Co. v. WardSupreme Court of Arkansas · 1956
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