Cullin-McCurdy Construction Co. v. Vulcan Iron Works
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; 1. Even though appellees retained title to the shovel, yet, unless they were entitled to the immediate possession of it at the time suit was brought in replevin, they cannot recover. 11 Ark. 249; Id. 475; 17 Ark. 449; 16 Ark. 90; 37 Ark. 64. And the burden was upon them to establish their right to such immediate possession. 42 Ark. 313. 2. The contract between J. H. Whalen and appellant was erroneously excluded, the…
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Appeal from White Circuit Court; Hance N. Hutton, Judge; 1. Even though appellees retained title to the shovel, yet, unless they were entitled to the immediate possession of it at the time suit was brought in replevin, they cannot recover. 11 Ark. 249; Id. 475; 17 Ark. 449; 16 Ark. 90; 37 Ark. 64. And the burden was upon them to establish their right to such immediate possession. 42 Ark. 313. 2. The contract between J. H. Whalen and appellant was erroneously excluded, the same being material as showing appellant’s right to possession of the property under him. 3. If attorneys for appellees…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by the Vulcan Iron Works, of Toledo, Ohio, against appellant, Cullin-Mc-Curdy Construction Company, to .'recover possession of a steam shovel and damages for its detention. In the construction of the Missouri & North Arkansas Railroad through this State, Burke & Joseph were contractors, and appellant was a subcontractor under them. J. H. Whalen was a subcontractor under appellant, and procured the steam shovel from appellee to use in removing dirt and rock in the construction of the railroad.
The contract between appellee and Whalen concerning the steam shovel was…
2Cases cited3 opinions
- Pickett v. Merchants' National BankSupreme Court of Arkansas · 1877
- Triplett v. Mansur & Tebbetts Implement Co.Supreme Court of Arkansas · 1900
- Moore v. MurrellSupreme Court of Arkansas · 1892
3Cited by19 opinions
- Walker v. StephensCourt of Appeals of Arkansas · 1982
- Mike Garoogian D/B/A Atlas Truck & Equipment Company v. Gerald Medlock, J. E. Medlock and J. Medlock Produce, Inc., Intervenor-AppellantsCourt of Appeals for the Eighth Circuit · 1979
- McKenzie v. BoorhemDistrict Court, W.D. Arkansas · 1954
- Laird v. ByrdSupreme Court of Arkansas · 1928
- McCombs v. McCombsSupreme Court of Arkansas · 1956
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