Smith v. Glover
Supreme Court of Arkansas
Appeal from Clark Circuit Court; C. C. Hamby, Special Judge; 1. Plaintiff’s instruction No. 1 should have been given. 80 Kan. 746. It was error to give the instruction on the court’s own motion. 2. The demurrer to the cross-complaint should have been sustained. Counterclaims are not assertable in unlawful detainer. Acts 1917, p. 1441; Kirby’s Digest, § 6099, 6101. The old rate is not changed by the new act.
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Appeal from Clark Circuit Court; C. C. Hamby, Special Judge; 1. Plaintiff’s instruction No. 1 should have been given. 80 Kan. 746. It was error to give the instruction on the court’s own motion. 2. The demurrer to the cross-complaint should have been sustained. Counterclaims are not assertable in unlawful detainer. Acts 1917, p. 1441; Kirby’s Digest, § 6099, 6101. The old rate is not changed by the new act. Kirby’s Digest, § § 3644-5; 23 Ark. 76; 44 Id. 500; 40 Id. 38; 36 Id. 316, 319, 324. The damages are too remote. There can be no recoupment for alleged independent torts. 96 Ark. 78, 84;…
1Opinion of the CourtMcCULLOCH, C. J.
The plaintiffs own lands in Clark County, and leased thirty acres thereof to defendants for a term of six years under a written contract which stipulated that defendants must “put this land in cultivation continuously during the life of this lease.” After the expiration of the second year of the lease, plaintiffs instituted this action of unlawful detainer to recover possession on the ground that the defendants had failed to put all the land in cultivation and to cultivate it continuously. In the complaint a breach of the contract is alleged, and this is denied in the answer. Defendants also…
2Cases cited2 opinions
- Coats v. MilnerSupreme Court of Arkansas · 1918
- Williams v. ShaverSupreme Court of Arkansas · 1911
3Cited by11 opinions
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- Huggins v. SmithSupreme Court of Arkansas · 1919
- Brunswick-Balke-Collender Co. v. CulbersonSupreme Court of Arkansas · 1929
- O. L. Gregory Vinegar Co. v. National Fruit Canning Co.Supreme Court of Arkansas · 1925
- Bennett v. Orange State Oil CompanySupreme Court of Florida · 1946
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