Fogel v. Butler
Supreme Court of Arkansas
Appeal from Polk Circuit Court; James S. Steel, Judge; The former adjudication was admissible in evidence, and was conclusive. 2 Black on Judg., ■§ § 784-788; 1 Freeman on Judg., § 282. The statements made by counsel were improper and prejudicial. 87 Ark. 461; 61 Ark. 138; 58 Ark. 473; 48 Ark. 131; 70 Ark.'305; 71 Ark. 427; 74 Ark. 256; 75 Ark. 577. There was no former adjudication unless the cause of action was the same. 64 Ark. 301; 18 Ark. 142; 62 Ark. 76; 55 Ark. 286; 66…
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Appeal from Polk Circuit Court; James S. Steel, Judge; The former adjudication was admissible in evidence, and was conclusive. 2 Black on Judg., ■§ § 784-788; 1 Freeman on Judg., § 282. The statements made by counsel were improper and prejudicial. 87 Ark. 461; 61 Ark. 138; 58 Ark. 473; 48 Ark. 131; 70 Ark.'305; 71 Ark. 427; 74 Ark. 256; 75 Ark. 577. There was no former adjudication unless the cause of action was the same. 64 Ark. 301; 18 Ark. 142; 62 Ark. 76; 55 Ark. 286; 66 Ark. 336. Parol evidence to apply the description to the land in -question was admissible. 28 Ark. 282; 40 Ark. 237.…
1Opinion of the CourtHart, J.
This is an appeal by J. PI. and Lyman Fogel from a judgment rendered against them in the Polk Circuit Court in favor of Thomas A. Butler. The action was in trespass to recover damages for 300 oak trees, valued at $300, which Butler alleged the Fogels had wrongfully cut and removed from his lands.
J. H. Fogel had purchased a tract of land for the timber there was on it. Some time in June, 1908, he sold the land to Butler, and also made the following agreement with him in .regard to removing the timber on it:
“Howard, Ark., June 23, 1908.
“This is to certify that I, Thomas A. Butler, agree to…
2Cases cited2 opinions
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- McCombs v. WallSupreme Court of Arkansas · 1899
3Cited by15 opinions
- Laser v. JonesSupreme Court of Arkansas · 1915
- Callaway v. PerdueSupreme Court of Arkansas · 1964
- JeToCo Corp. v. Hailey Sales Co.Supreme Court of Arkansas · 1980
- Floyd v. RichmondSupreme Court of Arkansas · 1947
- Livingston v. PugsleySupreme Court of Arkansas · 1916
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