Legal Opinion
Clark v. Arkansas Democrat Co.
Supreme Court of Arkansas
Decided March 13, 1967No. 5-1440PublishedCited by 15 opinions
1Opinion of the Court
Lyle .BrowN, Justice.
The original opinion contains this language: “Under the holding in Terry Dairy, and reiterated in Cox, this case should be reversed, with directions to the trial court to ascertain the damages.” This phraseology could well be interpreted to mean that on retrial the only question to. be submitted to the jury is damages. This interpretation does not comport with our case law. We have a long line of cases which hold that on remand for trial of a law case it is tried de novo.
In the early pase of Harrison v. Trader and wife 29 Ark. 85 (1874), this court said, quoting with…
2Cases cited5 opinions
- Manzo v. BouletSupreme Court of Arkansas · 1952
- Harrison v. TraderSupreme Court of Arkansas · 1874
- Martin v. Street Improvement District No. 349Supreme Court of Arkansas · 1929
- Holt v. GregorySupreme Court of Arkansas · 1953
- Westinghouse Credit Corp. v. First Nat'l BankSupreme Court of Arkansas · 1966
3Cited by15 opinions
- Smith v. Walt Bennett Ford, Inc.Supreme Court of Arkansas · 1993
- Welter v. CurrySupreme Court of Arkansas · 1976
- DeVazier v. Whit Davis Lumber CompanySupreme Court of Arkansas · 1974
- Hinkle v. PerrySupreme Court of Arkansas · 1988
- Pettijohn v. SmithSupreme Court of Arkansas · 1973
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