Legal Opinion · Concurrence

Coudret v. Sanders

Supreme Court of Arkansas

Decided May 27, 1968No. 5-4582Published

1ConcurrenceConley Byrd, Justice

I concur in the result reached here because appellant’s proffered instruction did not correctly state the law. But I do not agree that the term “meritorious defense” is limited to those situations involving unavoidable casualty or other inability to pay damages within sixty days.

To me the statute, Ark. Stat. Ann. § 75-918 (Repl. 1957), allows a recovery of double damages only when the amount of the loss or damages to property is $200 or less. In Rouse v. Weston, 243 Ark. 396, 420 S. W. 2d 83 (1967), we held that the claimant could not bring himself within the statutory limit by making claim…

2Cases cited1 opinion

  1. Rouse v. WestonSupreme Court of Arkansas · 1967

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