Nutt v. Fry
Supreme Court of Arkansas
Appeal from Lawrence 'Circuit Court, Eastern District ; John B. McCaleh, (Special Judge; STATEMENT BY THE COURT. F. A. Fry brought this suit in the justice court against S. M. Nutt upon a due (bill and alleged that said 5. ¡M. Nutt was due him the sum of $45 with 6 per cent interest,' “from.being the date the said defendant wias paid the first money upon Ditch No. 2 of the G-reene and Lawrence Drainage District, and that he had failed and refused to pay the same, etc. ’ ’…
Read the full summary
Appeal from Lawrence 'Circuit Court, Eastern District ; John B. McCaleh, (Special Judge; STATEMENT BY THE COURT. F. A. Fry brought this suit in the justice court against S. M. Nutt upon a due (bill and alleged that said 5. ¡M. Nutt was due him the sum of $45 with 6 per cent interest,' “from.being the date the said defendant wias paid the first money upon Ditch No. 2 of the G-reene and Lawrence Drainage District, and that he had failed and refused to pay the same, etc. ’ ’ The due bill reads: “November 30, 1911, due F. A. Fry $45, to be paid wiben collected for cutting Eite-of-Way No. 2 to be…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The case is not well abstracted, but sufficiently so, that it will not be dismissed for noncompliance with the rule. It appears that after the due bill was read in evidence, plaintiff rested his case, the defendant was examined, withdrew his testimony upon leave of the court, and asked a peremptory instruction, contending that the testimony did. not show that any moneys had been paid to or received :by him from the contractors for cutting the right-of-way, and insisting that it was necessary to prove that fact in order to recover.
The court denied the…
2Cases cited10 opinions
- Oak Leaf Mill Co. v. CooperSupreme Court of Arkansas · 1912
- American Insurance v. HaynieSupreme Court of Arkansas · 1909
- Singer Manufacturing Co. v. W. D. Reeves Lumber Co.Supreme Court of Arkansas · 1910
- Garner v. StateSupreme Court of Arkansas · 1910
- Cammack v. Southwestern Fire InsuranceSupreme Court of Arkansas · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Midwest Lime Co. v. Independence County Chancery CourtSupreme Court of Arkansas · 1977
- Webber v. RodgersSupreme Court of Arkansas · 1917
- Strange v. Planters' Gin Co.Supreme Court of Arkansas · 1920