Earl v. Ellison
Supreme Court of Arkansas
Appeal from Conway Circuit Court; A. B. Priddy, Judge; STATEMENT OE EAOTS. Seventeen parties, the appellees, as plaintiffs, instituted this action in the justice court against R. D. Earl, doing business under tlhe firm name of Earl Brothers & Company, the defendant. Each of the plaintiffs, in a separate count, set up that on or about the first day of February, 1917, he purchased from the defendant a certain quantity of Burt oats for seed.
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Appeal from Conway Circuit Court; A. B. Priddy, Judge; STATEMENT OE EAOTS. Seventeen parties, the appellees, as plaintiffs, instituted this action in the justice court against R. D. Earl, doing business under tlhe firm name of Earl Brothers & Company, the defendant. Each of the plaintiffs, in a separate count, set up that on or about the first day of February, 1917, he purchased from the defendant a certain quantity of Burt oats for seed. That he Hold the defendant that he wished the oats for seed; that the defendant “falsely and fraudulently stated to the plaintiff that he would guarantee…
1Opinion of the Court
"WOOD, J.,
(after stating the facts). First. The court did not err in overruling the demurrer nor in overruling the motion to require the appellees to elect to dismiss the complaint as to all except one of the plaintiffs. Act 339 of the Acts of 1905, page 798, provides: “When causes of action of a like nature or relative to the same question are pending before any of the circuit or chancery courts of this Stlate, the court may make such orders and rulings concerning the proceedings therein as may be conformable to the usages of courts for avoiding unnecessary costs or delay in the…
2Cases cited6 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Road Improvement District No. 1 v. GloverSupreme Court of Arkansas · 1909
- Mahoney v. RobertsSupreme Court of Arkansas · 1908
- Derrick v. ColeSupreme Court of Arkansas · 1895
- Bray Clothing Co. v. McKinneySupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kohlenberger, Inc. v. Tyson's Foods, Inc.Supreme Court of Arkansas · 1974
- Pennington v. KarcherSupreme Court of Arkansas · 1926
- Kohlenberger, Inc. v. Tyson's Foods, Inc.Supreme Court of Arkansas · 1974