Thomas v. Jackson
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; STATEMENT BY THE COURT. Appellee brought suit against appellant for a balance of $329.21, due upon a contract for the building of a bungalow in Hoxie, and for foreclosure of a mechanic’s lien.
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Appeal from Lawrence Circuit Court, Eastern District; R. E. Jeffery, Judge; STATEMENT BY THE COURT. Appellee brought suit against appellant for a balance of $329.21, due upon a contract for the building of a bungalow in Hoxie, and for foreclosure of a mechanic’s lien. Appellant filed answer and cross complaint, denying any indebtedness, admitted the payment of $450 on the contract price for use in the purchase of materials and paying of laborers; denied that appellant complied with his contract; claimed damages for defective and unworkmanlike construction and bad materials; alleged that it…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the cause should be reversed for the failure to give said requested instructions, but we have examined same carefully, and the only two which correctly state the law were sufficiently covered by the instructions given by the court, none of which were excepted to, and no prejudice resulted from the refusal to give them.
Appellant objected, it is true, to the giving of each of said instructions by the court, but he failed to preserve his exceptions by carrying them into his motion for a new trial as a ground therefor, and thereby waived…
2Cases cited9 opinions
- Ince v. StateSupreme Court of Arkansas · 1905
- Allen v. StateSupreme Court of Arkansas · 1902
- St. Louis & San Francisco Railroad v. FayettevilleSupreme Court of Arkansas · 1905
- Ark-Mo Zinc Co. v. PattersonSupreme Court of Arkansas · 1906
- Ray v. LightSupreme Court of Arkansas · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Franklin v. StateSupreme Court of Arkansas · 1922
- Tech-Neeks, Inc. v. FrancisSupreme Court of Arkansas · 1966
- Caldwell v. StateSupreme Court of Arkansas · 1948
- Norvell v. JamesSupreme Court of Arkansas · 1950
- Selig v. BottsSupreme Court of Arkansas · 1917
5 more not listed; retrieve them via the Exa API.