Georgia Marble Finishing Works v. Minor
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendrichs, Judge; 1. Plaintiff never had an action of replevin against defendant, and if he did he failed to prove special ownership as alleged. There was a failure of proof. (1) Wrong action. (2) Appellee failed to prove special ownership as alleged. 35 Cyc. 333; 50 Ark. 20; 79 Id. 353; Burdick on Sales, § 403; 66 Ark. 135; 34 Cyc. 1396-7; Tiffany on Sales, 354; 21 Mo. App. 150; 63 Fed. 62; 36 Cyc. 523; 18 Tex.
Read the full summary
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendrichs, Judge; 1. Plaintiff never had an action of replevin against defendant, and if he did he failed to prove special ownership as alleged. There was a failure of proof. (1) Wrong action. (2) Appellee failed to prove special ownership as alleged. 35 Cyc. 333; 50 Ark. 20; 79 Id. 353; Burdick on Sales, § 403; 66 Ark. 135; 34 Cyc. 1396-7; Tiffany on Sales, 354; 21 Mo. App. 150; 63 Fed. 62; 36 Cyc. 523; 18 Tex. App. 434; 5 Cyc. 171; Cobbey on Replevin, § 101; 13 Enc. of Ev. 650; 50 Ind. 339; 21 Ark. 298. Title must be shown—either…
1Opinion of the CourtMcCulloch, C. J.
This is an action to recover possession of a lot of finished marble which had been shipped by railroad from Canton, Georgia, to Little Rock, Arkansas, consigned by defendant, the Georgia Marble Finishing Works, to plaintiff, W. W. Minor. On the trial of the case below there was a verdict in plaintiff’s favor for the recovery of the property sned for and damages in the sum of $50, judgment was rendered therefor and defendant has appealed.
The plaintiff was engaged in Little Rock in the business of preparing and selling monuments and tombstones. He purchased the material from concerns engaged in…
2Cases cited8 opinions
- Burton & Townsend v. Baird & BrightSupreme Court of Arkansas · 1884
- Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
- Gottlieb v. RinaldoSupreme Court of Arkansas · 1906
- Deutsch v. DunhamSupreme Court of Arkansas · 1904
- Hope Lumber Co. v. Foster & Logan Hardware Co.Supreme Court of Arkansas · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Brown & Hackney, Inc. v. LovelessSupreme Court of Arkansas · 1922
- Richardson v. FowlerSupreme Court of Arkansas · 1922
- Barrett v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1921
- John Meeter & Sons v. Paragould Wholesale Grocer Co.Supreme Court of Arkansas · 1923
- N. P. Sloan Co. v. BarhamSupreme Court of Arkansas · 1919