Hobbs v. Clark
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. J. W. Martin, Judge. 1. The verdict of the jury should have been in the alternative; the value of each article and the property to be returned should have been stated. 10 Ark., 504; 29 Ark.; 383 ; 37 Ark., 550. The judgment upon such a verdict was an error of the court, and no motion for a new trial on this ground was necessary. 37 Ark., 550. 2. It was error to refuse to -instruct the jury that before plaintiff can be said to have built the…
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APPEAL from Pulaski Circuit Court. J. W. Martin, Judge. 1. The verdict of the jury should have been in the alternative; the value of each article and the property to be returned should have been stated. 10 Ark., 504; 29 Ark.; 383 ; 37 Ark., 550. The judgment upon such a verdict was an error of the court, and no motion for a new trial on this ground was necessary. 37 Ark., 550. 2. It was error to refuse to -instruct the jury that before plaintiff can be said to have built the fence “in good faith” on defendant’s land, he must have caused the line to be run out by the county surveyor after…
1Opinion of the CourtCockrill, C. J.
This is an appeal from a judgment in replevin obtained by Clark, who was plaintiff below, against Hobbs, for the possession of the lumber, wire and posts which went to make a fence which Clark erected as a partition fence between his lands and Hobbs’. Hobbs removed the fence and claimed the materials as his own, and, when the action was begun, gave bond and retained them. The record, as represented by the appellant’s abstract, presents only the rejected prayers for instructions with the verdict and judgment, and there is no complaint of any error except such as may be disclosed by that part…
2Cases cited2 opinions
- Blake v. PowellSupreme Court of Kansas · 1881
- Wilson v. BarnesSupreme Court of Alabama · 1873
3Cited by8 opinions
- Kunz v. NelsonUtah Supreme Court · 1938
- Dunlap Taylor v. FlowersSupreme Court of Oklahoma · 1908
- Eoff v. AlexanderSupreme Court of Oklahoma · 1916
- Neal v. ColeSupreme Court of Arkansas · 1920
- Sawyer & Austin Lumber Co. v. StateSupreme Court of Arkansas · 1905
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