Biederman v. Parker
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; Jacob M. Carter, Judge on exchange; 1. On appeal by the plaintiff, where the lower court has directed a verdict for the defendant, the evidence will be considered in the light most favorable to the plaintiff in determining whether the court erred in directing the verdict.
Read the full summary
Appeal from Columbia Circuit Court; Jacob M. Carter, Judge on exchange; 1. On appeal by the plaintiff, where the lower court has directed a verdict for the defendant, the evidence will be considered in the light most favorable to the plaintiff in determining whether the court erred in directing the verdict. And, if there was any testimony whatsoever on which the jury could have found a verdict for the plaintiff, the judgment will be reversed. 96 Ark. 394; 146 S. W. (Ark.) 497. The facts disclose a clear case of conversion, and the execution is no defense to the officer and sureties on his…
1Opinion of the CourtHart, J.
This was an action against a constable and the sureties on his bond for the sale and conversion of certain lumber alleged to be the property of the plaintiff, who was trustee in bankruptcy of the Robinson Timber & Lumber Company and the Robinson Lumber Company. The answer denied the plaintiff’s right to the property and justified under legal process. At the conclusion of the evidence the court directed a verdict for the defendants, and the plaintiff has appealed.
The facts, so far as are necessary for a determination of the issues raised by the appeal, are as follows:
Ed. Rhodes and Leake Young…
2Cases cited5 opinions
- Thomas v. HinkleSupreme Court of Arkansas · 1880
- Arbie v. JonesSupreme Court of Arkansas · 1907
- Treadwell v. PittsSupreme Court of Arkansas · 1897
- Meadow v. WiseSupreme Court of Arkansas · 1883
- Avera v. RiceSupreme Court of Arkansas · 1897
3Cited by9 opinions
- Thompson v. Southern Lumber Co.Supreme Court of Arkansas · 1914
- Walthour v. FinleySupreme Court of Arkansas · 1963
- Hinton v. WillardSupreme Court of Arkansas · 1949
- Ellis v. CaruthersSupreme Court of Arkansas · 1919
- Fidelity & Deposit Co. of Maryland v. CunninghamSupreme Court of Arkansas · 1928
4 more not listed; retrieve them via the Exa API.