Legal Opinion

Karatofsky v. Fybush

Supreme Court of Arkansas

Decided April 12, 1909PublishedCited by 7 opinions

Appeal from Garland Circuit Court, W. H. Evans, Judge; The judgment should be affirmed: 1. Because the bill of exceptions does not purport to set out all the evidence introduced at the trial. 81 Ark. 238; 75 Ark. 76; 80 Ark. 79; 74 Ark. 553. 2. Because appellant has failed to comply with rule nine.

Read the full summary

Appeal from Garland Circuit Court, W. H. Evans, Judge; The judgment should be affirmed: 1. Because the bill of exceptions does not purport to set out all the evidence introduced at the trial. 81 Ark. 238; 75 Ark. 76; 80 Ark. 79; 74 Ark. 553. 2. Because appellant has failed to comply with rule nine. Has brought into his abstract only one of the instructions given by the court, and the pleadings and evidence are not abstracted in such way as to give the court a full understanding of the questions to be presented. 78 Ark. 379; 88 Ark. 449.

1Opinion of the CourtHart, J.

Appellees, Fybush Brothers, brought suit against appellant, J. Karatofsky, in the Garland Circuit Court to recover the sum of $1,090.30, alleged to be due upon account for goods, wares and merchandise sold appellant by appellees.

There was a trial before a jury, and a verdict returned in favor of appellees for the sum of $917.17. The case is here on appeal. The only assignment of error is based upon the action of the trial court in refusing to give a certain instruction asked by appellant. This instruction is set out in appellant’s ábstract, but it appears that other instructions were given by…

2Cases cited2 opinions

  1. Files v. LawSupreme Court of Arkansas · 1908
  2. Mine LaMotte Lead & Smelting Co. v. Consolidated Anthracite Coal Co.Supreme Court of Arkansas · 1907

3Cited by7 opinions

  1. Harrelson v. Eureka Springs Electric Co.Supreme Court of Arkansas · 1915
  2. Scottish American Mortgage Co. v. ButlerMississippi Supreme Court · 1910
  3. Sloan v. AyresSupreme Court of Arkansas · 1945
  4. Burbridge v. Bradley Lumber Co. of ArkansasSupreme Court of Arkansas · 1948
  5. Strickland v. Quality Building & Security Co.Supreme Court of Arkansas · 1952

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API