Eureka Stone Co. v. Knight
Supreme Court of Arkansas
Appeal from Carroll Circuit Court, Western District; /. S. Maples, Judge; STATEMENT BY THE COURT. This is an action by appellee against appellant to recover damages for alleged breach.of contract.
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Appeal from Carroll Circuit Court, Western District; /. S. Maples, Judge; STATEMENT BY THE COURT. This is an action by appellee against appellant to recover damages for alleged breach.of contract. It is alleged in the complaint that appellant for a specified sum to be paid by appellee agreed to furnish appellee stone for a building to be erected at "Mena, Arkansas. -It is alleged that appellant agreed to cut the stone according to details of the architect of the building and to deliver same at Mena ready for use. It is alleged that appellee furnished appellant with the details of the…
1Opinion of the Court
Wood, J.,
(after stating the facts.) First. Appellee contends that there is no bill of exceptions. The purported bill of exceptions was filed by the circuit clerk May 4, 1906. At this time it was not a bill of exceptions because it had not been signed by the presiding judge. But the bill was signed on the 8th by the judge before the time given had expired, and it was left with the circuit clerk. It was not taken from the clerk’s office. On the 10th day of July it was indorsed by the clerk “Filed.” But the paper became a part of the record in the cause when it was signed by the presiding judge…
2Cases cited4 opinions
- Powers v. StateIndiana Supreme Court · 1882
- Grubbs v. ConesSupreme Court of Missouri · 1874
- Peterson v. TaylorSupreme Court of Georgia · 1854
- Bettison v. BuddSupreme Court of Arkansas · 1860
3Cited by8 opinions
- Milton v. United StatesCourt of Appeals for the Fifth Circuit · 1939
- Power Co. v. . Power Co.Supreme Court of North Carolina · 1918
- Buchanan v. Commercial Investment TrustSupreme Court of Arkansas · 1928
- Hogue v. HogueSupreme Court of Arkansas · 1919
- Blanton Co. v. First Nat'l Bank of Marked TreeSupreme Court of Arkansas · 1928
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