White River, Lonoke & Western Railway Co. v. Star Ranch & Land Co.
Supreme Court of Arkansas
'Appeal from Pulaski Circuit Court, Second Division; Edward W. WinRieXd, Judge; reversed; statement by the court. This is an action brought by appellee, the Star Ranch & Land Company, a Missouri corporation, against the White River, Lonoke & Western Railway Company and others to recover upon a bond executed by appellants to appellee’s assignor, the McLeod Lumber Company, to secure the performance by said railway company of its contract entered into with the McLeod Lumber…
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'Appeal from Pulaski Circuit Court, Second Division; Edward W. WinRieXd, Judge; reversed; statement by the court. This is an action brought by appellee, the Star Ranch & Land Company, a Missouri corporation, against the White River, Lonoke & Western Railway Company and others to recover upon a bond executed by appellants to appellee’s assignor, the McLeod Lumber Company, to secure the performance by said railway company of its contract entered into with the McLeod Lumber Company for the lease of certain property. The complaint alleged that August 12, 1898, the McLeod' Lumber Company, then a…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) The two instructions numbered six and nine, given by the court at the request of appellee, were both incorrect, and should not have been given. In the first place, they improperly put the burden upon appellants of showing by evidence "clear and conclusive” that the decree of the chancery court was intended as a final settlement between the parties. This need only have been established by a fair preponderance of the testimony. The effort of appellants was not an attack upon the decree, but to show that it was agreed upon as a final adjustment of all…
2Cases cited9 opinions
- Henry v. DavisMassachusetts Supreme Judicial Court · 1877
- Boozer v. AndersonSupreme Court of Arkansas · 1883
- Castle v. . LewisNew York Court of Appeals · 1879
- Minneapolis Fire & Marine Mutual Insurance v. NormanSupreme Court of Arkansas · 1905
- The PrussiaDistrict Court, D. Washington · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Bloom v. Home Insurance AgencySupreme Court of Arkansas · 1909
- Harper v. Wheatley Implement Co., Inc.Supreme Court of Arkansas · 1982
- Romer v. LeynerSupreme Court of Arkansas · 1955
- Berman v. ShelbySupreme Court of Arkansas · 1910
8 more not listed; retrieve them via the Exa API.