Young v. Lowe
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; George W. Clark, Judge; 1. The court erred in the first paragraph of its oral instructions. It invaded the province of the jury, and was improper and prejudicial and unsupported by the evidence. As a question of law, the property did not descend to the wife and children jointly. Kirby’s Digest, § 2636. The same error occurs in the third paragraph of the oral instructions. 2. The verdict is clearly without evidence to sustain it.
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Appeal from Lonoke Circuit Court; George W. Clark, Judge; 1. The court erred in the first paragraph of its oral instructions. It invaded the province of the jury, and was improper and prejudicial and unsupported by the evidence. As a question of law, the property did not descend to the wife and children jointly. Kirby’s Digest, § 2636. The same error occurs in the third paragraph of the oral instructions. 2. The verdict is clearly without evidence to sustain it. The execution of the mortgage by John Lowe and wife to the Gates Mercantile Company was not authorized, and it acquired no title…
1Opinion of the CourtMcCulloch, C. J.
Appellees, who are' infants suing by their next friend, instituted this action' in the court below to recover damages for alleged conversion of certain personal property by the appellees, John Lowe and Tom Nichols. It developed on the trial of the issues, from the undisputed testimony, that the property in controversy was a mule of the value of $65 and a lot of cattle of the value of $137, making a total of $202. This was agreed upon during the progress of the' trial as the value of the property in controversy.
It appears from the testimony that this property was originally owned, with other…
2Cited by1 opinion
- Moudy, Guardian v. BradleySupreme Court of Arkansas · 1940