Dyer & Co. v. Delight Lumber Co.
Supreme Court of Arkansas
Appeal from Pike Circuit Court; J. S. Steel, Judge; STATEMENT OE EAOTS. Dyer & Company commenced this suit before a justice of the peace against Delight. Lumber Company to recover $53.84 alleged to be the balance due it for hay sold to the defendant. There was a judgment by default against the defendant in the justice court. The defendant duly appealed to the circuit court and the case was tried de novo.
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Appeal from Pike Circuit Court; J. S. Steel, Judge; STATEMENT OE EAOTS. Dyer & Company commenced this suit before a justice of the peace against Delight. Lumber Company to recover $53.84 alleged to be the balance due it for hay sold to the defendant. There was a judgment by default against the defendant in the justice court. The defendant duly appealed to the circuit court and the case was tried de novo. At the conclusion of the testimony the court directed a verdict for the defendant. Judgment was rendered upon the verdict and the plaintiff has appealed.. 1. It was error to direct a verdict…
1Opinion of the Court
Hart, J.,
(after stating the facts). The correctness of the ruling of'the circuit court depends upon the testimony introduced before it. The facts which occur in the trial of a case can only be brought to this court for review by a bill of exceptions certified by the trial judge, or signed by the parties in the maimer provided by statute. Moore v. Cairo & Fulton Rd. Co., 36 Ark. 262, and Wright v. Midland Valley Rd. Co., 111 Ark. 196.
It is insisted by counsel for the defendant that the judgment must be affirmed because there is no bill of exceptions in the present case, and in this contention…
2Cases cited5 opinions
- Abbott v. KennedySupreme Court of Arkansas · 1918
- Wright v. Midland Valley RailroadSupreme Court of Arkansas · 1914
- Moore v. StateSupreme Court of Arkansas · 1898
- Moore v. Cairo & Fulton RailroadSupreme Court of Arkansas · 1880
- Mullett v. MorrisSupreme Court of Arkansas · 1915
3Cited by1 opinion
- Parker v. NicholasSupreme Court of Arkansas · 1931