Lusk v. Jones
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; W. J. Driver, Judge; . 1. A discharged employee is not entitled to recover the statutory penalty automatically because he is discharged and wages are not paid then and there. Kirby’s Digest, § 6649; 87 Ark. 132; 88 Id. 277; 188 S. W. 836; 102 Id. 206. No request for wages was made. 82 Ark. 377; 102 S. W. 206. 1. The employee was discharged—his wages were not paid, although demand was made.
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Appeal from Craighead Circuit Court, Jonesboro District; W. J. Driver, Judge; . 1. A discharged employee is not entitled to recover the statutory penalty automatically because he is discharged and wages are not paid then and there. Kirby’s Digest, § 6649; 87 Ark. 132; 88 Id. 277; 188 S. W. 836; 102 Id. 206. No request for wages was made. 82 Ark. 377; 102 S. W. 206. 1. The employee was discharged—his wages were not paid, although demand was made. Kirby’s Digest, § 6649, Acts 1905, p. 537; 132 S. W. 911; 75 Ark. 138; 120 S. W. 970; 87 Ark. 132; 188 S. W. 836. The company is liable.
1Opinion of the CourtHumphreys, J.
Appellee brought suit against appellant before J. B. Nichols, a justice of. the peace in Jonesboro township, Craighead County, Arkansas, to recover the sum of $28.50, an alleged penalty due him under Act 210 of the Acts of Arkansas, 1905. Judgment was rendered in favor of appellee, from which an appeal was prosecuted to the Craighead Circuit Court, Jonesboro District, First Division, where the case was tried'by the court sitting as a jury, upon the following statement of facts:
Appellee was regularly and legally employed by the officers of appellant, as a pumper at the station at Jonesboro,…
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