Hibbard v. Kirby
Supreme Court of Arkansas
APPEAL from Montgomery Circuit Court. IIon. A. B. Stuart, Circuit Judge. 1 The verdict was contrary to the evidence and the first instruction, and was such as to shock the sense of justice. 1 Parsons Gont., 520, et seq., notes (/) (i) and (n), p. 524, (o), 522 (i) ; Temple v. McLachlan, 2 Bos. cfi Pul., 2V, JR., 136 •, Farnsworth v. Garrard,! Campbell, 38; Withers v. Green, 9 How, 227-8 ; 11 How, 475 ; 6 2V. H., 481; Thasv. Williams, 1 Ad. and JEl., 28 ; B. G. L., 258 ; Bac.
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APPEAL from Montgomery Circuit Court. IIon. A. B. Stuart, Circuit Judge. 1 The verdict was contrary to the evidence and the first instruction, and was such as to shock the sense of justice. 1 Parsons Gont., 520, et seq., notes (/) (i) and (n), p. 524, (o), 522 (i) ; Temple v. McLachlan, 2 Bos. cfi Pul., 2V, JR., 136 •, Farnsworth v. Garrard,! Campbell, 38; Withers v. Green, 9 How, 227-8 ; 11 How, 475 ; 6 2V. H., 481; Thasv. Williams, 1 Ad. and JEl., 28 ; B. G. L., 258 ; Bac. Ab., master and servant (2V.); Ghitly Gont., 577, n. (1); lb., 579, n. (1). 2. There was no final judgment before the…
1Opinion of the CourtEnglish, C. J.
On the eleventh day November, 1879r Wellington Kirby sued Richmond Hibbard on an open account before a justice of the peace of Silver City, Montgomery county.
The claim was for services rendered, 'and labor performed by plaintiff, for and in the employment of defendant from June 25th, until the eighth day of October, 1879, sixteen weeks at six days to the week, ninety-six da3's, at $5 per da3’-,.............................. $480.00’
Credits, by cash at various times, paid in Chicago..........................$100.00
By cash at various times................ 104.90 — 204.90'
Balance…
2Cited by11 opinions
- Pender v. McKeeSupreme Court of Arkansas · 1979
- Reaves v. TurnerSupreme Court of Oklahoma · 1908
- Shorter University v. FranklinSupreme Court of Arkansas · 1905
- Graham v. StateSupreme Court of Arkansas · 1887
- State v. ShepphardMontana Supreme Court · 1899
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