Duty v. Jones
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Geo B. Eaynie, Judge; 1. The only question in this case is the sufficiency of the evidence to sustain the verdict. Our contention is that it is not for several reasons. (1) The jury erred in the amount of their verdict. Jones could only recover his interest in the cotton. There is no dispute as to the value of the cotton; it brought $452.97 at seven cents.
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Appeal from Lafayette Circuit Court; Geo B. Eaynie, Judge; 1. The only question in this case is the sufficiency of the evidence to sustain the verdict. Our contention is that it is not for several reasons. (1) The jury erred in the amount of their verdict. Jones could only recover his interest in the cotton. There is no dispute as to the value of the cotton; it brought $452.97 at seven cents. It was certainly error to allow appellee more than he claimed which was $216.81. But the evidence shows that he was not entitled to that much. 58 Ark. 167. 2. An appeal had been taken and a supersedeas…
1Opinion of the Court
McCulloch, O. J.
Appellee was the tenant of T. J. Stewart for the year 1914 on the latter’s farm in Lafayette County, and when the crop was gathered a controversy arose between the two parties as to the amount due the landlord. ■ -Stewart sued appellee in October, 1914, and obtained a judgment before a justice of the peace for a certain amount and caused execution to be issued and placed in tbe hands of appellant, Duty, who was constable of the township, and the latter served the writ by taking into his possession seven bales of cotton. An appeal was prosecuted by the appellee from that…
2Cases cited5 opinions
- Sunny South Lumber Co. v. Neimeyer Lumber Co.Supreme Court of Arkansas · 1896
- Jones v. HornSupreme Court of Arkansas · 1888
- DeYampert v. JohnsonSupreme Court of Arkansas · 1891
- Anderson v. JosephSupreme Court of Arkansas · 1910
- Cocke v. CrossSupreme Court of Arkansas · 1892
3Cited by1 opinion
- Fidelity & Deposit Co. of Maryland v. First Nat. Bank of TeagueCourt of Appeals of Texas · 1935