Mine LaMotte Lead & Smelting Co. v. Consolidated Anthracite Coal Co.
Supreme Court of Arkansas
Appeal from Johnson Circuit Court; William L. Moose, Judge; STATEMENT BY THE COURT. Appellee sued appellant in the Johnson Circuit Court for a balance claimed of $795.21. The claim was for coal furnished.
Read the full summary
Appeal from Johnson Circuit Court; William L. Moose, Judge; STATEMENT BY THE COURT. Appellee sued appellant in the Johnson Circuit Court for a balance claimed of $795.21. The claim was for coal furnished. An itemized statement of the account is attached to the complaint as an exhibit, and among the credits was one- for- the rent of a core drill and diamonds to the amount- of $1,320. The defendant admitted furnishing the coal, but said it was full of slate and dirt and not worth the contract price. It claimed a credit of $1,000 for this defect. It also claimed that the rent for the core drill…
1Opinion of the Court
Hart, J.,
(after stating the facts.) Counsel for appellant assigns as error that he was not allowed to open and close the argument, and asked for a reversal on that account. In this he is wrong. “The plaintiff has the right to open and conclude the argument whenever it devolves upon him to prove any issue in the case to maintain his action.” Bertrand v. Taylor, 32 Ark. 470; Prescott & N. W. Ry. Co. v. Brown, 74 Ark. 607.
Appellant insists that it was prejudicial error to permit the witness Daugherty and Howard to testify to conversations had by them as to the rental value of the drill. We can…
2Cases cited1 opinion
- Bertrand v. TaylorSupreme Court of Arkansas · 1877
3Cited by5 opinions
- Federal Life Insurance v. HaseSupreme Court of Arkansas · 1937
- Files v. LawSupreme Court of Arkansas · 1908
- Karatofsky v. FybushSupreme Court of Arkansas · 1909
- Bray Clothing Co. v. McKinneySupreme Court of Arkansas · 1909
- Rounsaville v. Arkansas State Highway CommissionSupreme Court of Arkansas · 1975