Ewing v. Janson
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. Janson sued Ewing for a balance of $212.10 upon an account for twelve months’ work at the rate of $20 per month. Defendant denied that he employed plaintiff for more than six months, and filed a counter-claim against plaintiff for time lost during the period of employment. Plaintiff recovered a judgment of $216.69. Defendant has prosecuted this appeal.
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Appeal from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. Janson sued Ewing for a balance of $212.10 upon an account for twelve months’ work at the rate of $20 per month. Defendant denied that he employed plaintiff for more than six months, and filed a counter-claim against plaintiff for time lost during the period of employment. Plaintiff recovered a judgment of $216.69. Defendant has prosecuted this appeal. The errors assigned by him are stated in the opinion of the court. 1. The court erred in excluding from the jury all evidence as to the manner plaintiff did his…
1Opinion of the Court
Hemingway, J,
The grounds relied upon for a reversal are: Eirst, that the court erred in its instructions to the jury; and second, that it erred, during the taking of the proof, in excluding from the consideration of the jury all the evidence relating- to defendant’s counter-claim.
The instruction complained of is as follows : “I believe it is conceded, and parties so conceded, that defendant employed plaintiff to work for him at $20 per month for six months. If you find that, at the end of six months, this contract was not terminated by defendant, and that plaintiff remained with defendant,…
2Cases cited4 opinions
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Adams v. . FitzpatrickNew York Court of Appeals · 1891
- Wiley v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1890
- Pixler v. NicholsSupreme Court of Iowa · 1859
3Cited by1 opinion
- White v. United States Gypsum Co.Michigan Supreme Court · 1911