Midland Valley Railroad v. Johnson
Supreme Court of Arkansas
Appeal from Sebastian- Circuit Court, Fort Smith District; Paul Little, Judge; 1. Appellee, though a minor when the contract with intervener was made, had the right to disaffirm after coming of age and dismiss the suit, and she did so. Un-' der the law no contract could he entered into with a minor which would be binding after she became of age, and if intervener had a contract it was subject to repudiation and disaffirmance after reaching majority.
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Appeal from Sebastian- Circuit Court, Fort Smith District; Paul Little, Judge; 1. Appellee, though a minor when the contract with intervener was made, had the right to disaffirm after coming of age and dismiss the suit, and she did so. Un-' der the law no contract could he entered into with a minor which would be binding after she became of age, and if intervener had a contract it was subject to repudiation and disaffirmance after reaching majority. Here she disaffirmed, and the contract was rescinded, and the basis for a fee and lien was destroyed. 44 Ark. 296; Acts 1909, p. 892. 2. The…
1Opinion of the CourtHumphreys, J.
This suit was instituted on the 16th day of June, 1916, in the circuit court in the Greenwood District of Sebastian County, by Lizzie Murphy, as next friend for Nevada Murphy, against appellant, Midland Valley Railroad Company, to recover damages re-ceived by Nevada Murphy while alighting from a train of appellant at Tulsa, Oklahoma.
Upon the filing of the complaint, a summons was issued and duly served upon appellant. On the 5th day of July following, appellant filed a demurrer to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action; and on the…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BlaylockSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. Hays & WardSupreme Court of Arkansas · 1917
- St. Louis, Iron Mountain & Southern Railway Co. v. Kirtley & GulleySupreme Court of Arkansas · 1915
- Vance v. CalhounSupreme Court of Arkansas · 1905
3Cited by3 opinions
- McNeill v. PercySupreme Court of Arkansas · 1940
- Camp v. Bank of BentonvilleSupreme Court of Arkansas · 1959
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