Stiewel v. Borman
Supreme Court of Arkansas
Appeal from Pope Circuit Court. Jeremiah G. Wallace, Judge. 1. Plaintiff was not entitled to judgment against Abe Stiewel. Sand. & H. Dig., sec. 5698. Abe Stie-wel limited his appearance, and moved to quash the service, and objected to the proceedings before trial. Sand. & H. Dig-., sec. 5697-9. Under the issue as to Ed. S., Joe and Harry, the question could be tried only by a jury; and if they were not partners, such of them as were not partners were entitled to a verdict.
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Appeal from Pope Circuit Court. Jeremiah G. Wallace, Judge. 1. Plaintiff was not entitled to judgment against Abe Stiewel. Sand. & H. Dig., sec. 5698. Abe Stie-wel limited his appearance, and moved to quash the service, and objected to the proceedings before trial. Sand. & H. Dig-., sec. 5697-9. Under the issue as to Ed. S., Joe and Harry, the question could be tried only by a jury; and if they were not partners, such of them as were not partners were entitled to a verdict. Joe and Harry were not liable as principals or agents. The verdict against Ed. S. as a partner is not sustained by any…
1Opinion of the CourtBaTTEE, J.
This is an action by Fred Borman against Abe Stiewel, Joe Stiewel, Ed S. Stiewel, and Harry I. Stiewel for damages caused by personal injuries. He stated in his complaint that defendants were partners, and as such owned and operated a coal mine at Coal Hill, in Johnson county, in this state, in the month of September, 1892, and that, by reason of their negligence in allowing gas to accumulate in their mines where plaintiff was at work in their employment the same took fire, and he was burned and injured; and asked for judgment for damages.
Ed, Joe, and Harry Stiewel, answering, denied that…
2Cases cited9 opinions
- Osborne v. MorganMassachusetts Supreme Judicial Court · 1881
- Baird v. ShipmanIllinois Supreme Court · 1890
- Campbell v. Portland Sugar Co.Supreme Judicial Court of Maine · 1873
- Ellis v. McNaughtonMichigan Supreme Court · 1889
- Bickford v. RichardsMassachusetts Supreme Judicial Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Tippecanoe Loan & Trust Co. v. JesterIndiana Supreme Court · 1913
- Pirtle's Administratrix v. Hargis Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Wells v. Missouri Pac. R. Co.Court of Appeals for the Eighth Circuit · 1937
- E. H. Emery & Co. v. American Reprigerator Transit Co.Supreme Court of Iowa · 1921
- Cleveland v. BiggersSupreme Court of Arkansas · 1924
14 more not listed; retrieve them via the Exa API.