Turrentine v. St. Louis Southwestern Railway Co.
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene LankfordA Judge; Statutes relating to costs are to be construed strictly. 47 Ark. 442; 61 Ark. 407; 73 Ark. 600. The right to recover costs did not exist at common law. 60 Ark. 194. Defendant’s motion should have been stricken from the files. 7 Ark. 121; 12 Ark. 635. The statute requiring nonresidents to file bond for costs is not mandatory. 11 Ark. 9. This petition can not be controverted by answer. 19 Ark. 121. There was no motion…
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Appeal from Monroe Circuit Court; Eugene LankfordA Judge; Statutes relating to costs are to be construed strictly. 47 Ark. 442; 61 Ark. 407; 73 Ark. 600. The right to recover costs did not exist at common law. 60 Ark. 194. Defendant’s motion should have been stricken from the files. 7 Ark. 121; 12 Ark. 635. The statute requiring nonresidents to file bond for costs is not mandatory. 11 Ark. 9. This petition can not be controverted by answer. 19 Ark. 121. There was no motion for a new trial, and no bill of exceptions taken; consequently there is nothing before this court. 36 Ark. 456. A…
1Opinion of the CourtMcCueeoch, C. J.
The plaintiff, Ed Turrentine, instituted this action in the circuit court of Monroe County against the defendant railway company to recover damages for personal injuries alleged to have been sustained by reason of the negligent acts of defendant’s servants in the operation of its trains. He had previously instituted four successive actions in other circuit courts of the State, based on the same alleged cause of action (two of the actions being removed to the Federal courts), and dismissed each one in turn before final submission. He was a minor when some of the actions were instituted, but…
2Cases cited2 opinions
- Davenport, Rock Island & Northwestern Railway Co. v. DeYaegerAppellate Court of Illinois · 1904
- Hobbs v. L., H. & St. L. Ry. Co.Court of Appeals of Kentucky · 1907
3Cited by5 opinions
- United States Fire Ins. Co. v. SwydenSupreme Court of Oklahoma · 1935
- Floyd v. SkillernSupreme Court of Arkansas · 1915
- Heard v. McCabeSupreme Court of Arkansas · 1917
- Hunter v. WardCourt of Appeals for the Eighth Circuit · 1926
- Campbell v. Coldstream Fisheries, Inc.Supreme Court of Arkansas · 1959