Bilby v. Foohs
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Bugene Lankford, Judge; 1. The findings of the court do not show the value of the property, Kirby’s Digest, § 6867; Ter.
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Appeal from Arkansas Circuit Court; Bugene Lankford, Judge; 1. The findings of the court do not show the value of the property, Kirby’s Digest, § 6867; Ter. Dig. 458; Laws of Ark., 1835, p. 458; Rev. Stat. of Ark. pp. 659-667, § § 39-45; Kirby’s Digest, § 6868. The word “may” means “shall” or “must.” 5 Ark. 85; 77 Fed. 374-5; 23 C. C. A. 196. This failure to find value is reversible error. 43 Ark. 540; 44 Id. 212. 2. The judgment must be in the alternative, xo Ark. 511; 37 Id. 548; 44 Id. 2x2. See also 14 Id. 426; 29 Id. 270, 372. 3. This failure was prejudicial error. 50 Ark. 300; 70 Id.…
1Opinion of the CourtHart, J.
This is an action of replevin brought in the Arkansas Circuit Court by John S. Bilby against John Foohs for a lot of staves alleged to be the property of the plaintiff. This is the second appeal of the case. The opinion on the former appeal is reported in 83 Ark. p. 234 (Foohs v. Bilby), to which reference is made for a statement of the issues involved in that appeal. The judgment was reversed, and the cause was remanded for a new trial.
When the case came on for hearing again in the circuit court, the plaintiff failed to appear and prosecute the suit further. The court, after hearing the…
2Cases cited2 opinions
- Swantz v. PillowSupreme Court of Arkansas · 1887
- Cathey v. BowenSupreme Court of Arkansas · 1902
3Cited by2 opinions
- Malone v. CollinsSupreme Court of Arkansas · 1914
- Johnson v. ByrdSupreme Court of Arkansas · 1942