Wilhelm v. Collison
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; The court erred in setting aside the judgment and granting a new trial. It was an abuse of discretion by the court. The rule of this court is well settled. 98 Ark. 334; 100 Id. 596. There was a conflict in the evidence and this court will not disturb the finding of the court. 125 Ark. 488; 94 Id. 566; 98 Id. 304, 334; 120 Id. 99; 130 Ark. 374; 196 S. W. 477.
1Opinion of the CourtSmith, J.
Upon the trial of this cause in the court below a verdict was returned in favor of appellant Wilhelm, but a new trial was granted and this appeal has been prosecuted to review that action. Stipulation is filed by counsel that final judgment may be rendered against appellant in the event the judgment of the court granting a new trial is affirmed, and we therefore proceed to review that action on the part of the trial court. Wilhelm was the plaintiff in the court below and sued to recover the purchase price of a carload of lumber shipped from Bald Knob, Arkansas, to the John Deere Plow Company.…
2Cases cited5 opinions
- Blackwood v. EadsSupreme Court of Arkansas · 1911
- Twist v. MullinixSupreme Court of Arkansas · 1916
- Taylor v. Grant Lumber Co.Supreme Court of Arkansas · 1910
- Mueller v. CoffmanSupreme Court of Arkansas · 1918
- Clements v. Knight & Co.Supreme Court of Arkansas · 1916
3Cited by6 opinions
- American Company of Arkansas v. BakerSupreme Court of Arkansas · 1933
- Hall v. W. E. Cox & SonsSupreme Court of Arkansas · 1941
- Bean v. CoffeeSupreme Court of Arkansas · 1925
- Stanley v. Calico Rock Ice & Electric Co.Supreme Court of Arkansas · 1947
- Missouri Pacific Railroad v. ClarkSupreme Court of Arkansas · 1969
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