McElvaney v. Smith
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District. Hance N. Hutton, Judge, on exchange of circuits. STATEMENT BY THE COURT. McElvaney was the owner of a farm in Craighead County which he rented to Smith for the year 1899. Smith continued to remain on the land after the expiration of his term, and was put out by an action of unlawful detainer.
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Appeal from Craighead Circuit Court, Jonesboro District. Hance N. Hutton, Judge, on exchange of circuits. STATEMENT BY THE COURT. McElvaney was the owner of a farm in Craighead County which he rented to Smith for the year 1899. Smith continued to remain on the land after the expiration of his term, and was put out by an action of unlawful detainer. On the trial testimony for McElvaney tended to show that he only rented the farm to Smith for 1899 > that during the latter part of that year he was endeavoring to sell the farm; but, as a sale was uncertain, he told Smith that if he failed to sell…
1Opinion of the CourtRiddick, J.
This is an appeal from judgment against plaintiff in an action of unlawful detainer brought by him against the •defendant.
On the trial the presiding judge instructed the jury, in sub.stance, that, unless a written notice to vacate was given to defendant three days before the execution of the writ of possession evicting him from the premises, the eviction was unlawful, and that, unless such notice was proved, the finding must be for the defendant. The counsel for plaintiff duly excepted to this instruction, and now contend that the judge erred in giving it, for the reason that it was alleged…
2Cases cited2 opinions
- Snow v. . PulitzerNew York Court of Appeals · 1894
- Nicklace v. DickersonSupreme Court of Arkansas · 1898
3Cited by23 opinions
- Buck v. MuellerOregon Supreme Court · 1960
- Sumlin v. WoodsonSupreme Court of Arkansas · 1947
- Reeves v. RominesSupreme Court of Arkansas · 1918
- Thomas v. CroomSupreme Court of Arkansas · 1912
- Brickey v. LacySupreme Court of Arkansas · 1968
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