Denton v. Young
Supreme Court of Arkansas
Appeal from Fulton Circuit Court; J. B. Baker, Judge; 1. The court erred in sustaining the demurrer or motion to dismiss their cross-complaint, as it set forth a cause of action which was admitted by the demurrer. 2. The court erred in refusing appellants the right to submit to a jury the question of damages for the unlawful suing out of the writ of ejectment.
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Appeal from Fulton Circuit Court; J. B. Baker, Judge; 1. The court erred in sustaining the demurrer or motion to dismiss their cross-complaint, as it set forth a cause of action which was admitted by the demurrer. 2. The court erred in refusing appellants the right to submit to a jury the question of damages for the unlawful suing out of the writ of ejectment. Kirby’s Digest, § 3646. The cross-complaint with the answer certainly states a cause of action, and the remedy is Kirby’s Digest, § 3646; 94 Ark. 505; lb. 453-6; 46 Id. 537; 57 Id. 87. Appellee, having a suit in the same court for the…
1Opinion of the CourtHumphreys, J.
Appellee, James R. Young, administrator of the estate of W. K. Harrison, deceased, jointly with E. P. Niles, instituted suit against appellants, on the 19th day of September, 1919, in the Fulton Circuit Court, for forcible entry and unlawful detainer of a certain tract of land in said county, containing eleven acres. An original and two amended complaints were filed. The last amended complaint alleged, in substance, that appellee, administrator of said estate, in the month of October or November, 1917, had legal possession of said real estate; that appellants rented said land from appellee…
2Cited by3 opinions
- Southern Farmers Assn., Inc. v. WyattSupreme Court of Arkansas · 1962
- Hurst v. HurstSupreme Court of Arkansas · 1974
- Denton v. YoungSupreme Court of Arkansas · 1922