Robins v. Fowler
Supreme Court of Arkansas
Error to Pulaski Circuit Court. This was an action of assumpsit, brought against the plaintiff in error, and also James Tate and Jonathan Rogers, in the Circuit Court of Pulaski county, returnable to the March term thereof, 1839. Process not having been served on the two last named defendants, Robins alone appeared and pleaded his plea of non-assumpsit, to which issue was joined. The declaration contained three counts.
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Error to Pulaski Circuit Court. This was an action of assumpsit, brought against the plaintiff in error, and also James Tate and Jonathan Rogers, in the Circuit Court of Pulaski county, returnable to the March term thereof, 1839. Process not having been served on the two last named defendants, Robins alone appeared and pleaded his plea of non-assumpsit, to which issue was joined. The declaration contained three counts. The first charges that Robins, Tate, and Rogers, late partners in the brick-laying and plastering business, and in laying foundations of houses, and other buildings, in stone;…
1Opinion of the CourtDickinson, Judge
It is assigned for error that the court below erred in refusing to charge the jury as required by counsel, and in refusing to grant a new trial upon the newly discovered testimony. We will consider these objections in the order in which they are presented. We understand it to be a rule well settled, and supported by all the authorities, that a court is not bound to instruct the jury as to the law arising upon the abstract principle which may be presented. How far the instructions might have been applicable to the case before the jury, it is impossible for this court to determine; for to…
2Cases cited3 opinions
- People v. Superior CourtNew York Supreme Court · 1833
- Smith v. Indianapolis, Peru & Chicago Railway Co.Indiana Superior Court · 1871
- Hall v. RochesterNew York Supreme Court · 1824
3Cited by12 opinions
- Arkansas Amusement Corporation v. WardSupreme Court of Arkansas · 1942
- Missouri Pacific Transportation Company v. SimonSupreme Court of Arkansas · 1940
- Edens v. StateSupreme Court of Arkansas · 1962
- Sellers v. HarveySupreme Court of Arkansas · 1952
- Wagoner v. CaskeySupreme Court of Oklahoma · 1922
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