Lowe Auto Co. v. Winkler
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court, Southern District; Thomas C. Trimble, Judge; 1. It was not necessary to file with the circuit clerk a just and true account, as this suit was commenced within the ninety days, the time in which to file the affidavit. Defendant also had possession of the car, either of which was sufficient to preserve the lien. 49 Ark. 475; 57 Id. 284; 58 Id. 16; 27 Cyc. 384, 389; 31 Id. 335. 2. Defendant had a lien.
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Appeal from Arkansas Circuit Court, Southern District; Thomas C. Trimble, Judge; 1. It was not necessary to file with the circuit clerk a just and true account, as this suit was commenced within the ninety days, the time in which to file the affidavit. Defendant also had possession of the car, either of which was sufficient to preserve the lien. 49 Ark. 475; 57 Id. 284; 58 Id. 16; 27 Cyc. 384, 389; 31 Id. 335. 2. Defendant had a lien. Acts 1911, p. 298, amending Kirby’s Digest, §§ 5013-14; 103 Ark. 144; 171 111. App. 310; 185 Id,. 425. 3. The verdict is neither founded upon the evidence, law,…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellees, E. H. Winkler and his wife, M. D. Winkler, to recover possession of an automobile held by defendant, J. M. Lowe Auto Co. at its garage for payment of a repair bill. The defendant filed a counterclaim on an account for repairs alleged to have been made, the original account aggregating the sum of $244.00, with credits reducing the same to $140.05. The account shows repairs made from time to time, and it appears from the evidence that the car was left with the defendant for repairs by appellees. The jury returned a verdict in favor of appellees for the…
2Cases cited4 opinions
- Anderson v. SeamansSupreme Court of Arkansas · 1887
- Simpson v. J. W. Black Lumber Co.Supreme Court of Arkansas · 1914
- Barry-Wehmiller Machinery Co. v. ThompsonSupreme Court of Arkansas · 1907
- Shelton v. Little Rock Auto Co.Supreme Court of Arkansas · 1912
3Cited by6 opinions
- Nickell v. LambrechtMichigan Court of Appeals · 1970
- General Motors Acceptance Corp. v. Colwell Diesel Service & Garage, Inc.Supreme Judicial Court of Maine · 1973
- Motor Credit Co. v. SmithSupreme Court of Arkansas · 1930
- Bond v. DudleySupreme Court of Arkansas · 1968
- Corning Motor Company v. WhiteSupreme Court of Arkansas · 1927
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