Barrentine v. Henry Wrape Co.
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance.N. Hutton, Judge; Since, as was held on former appeal, 105 Ark. 485, no cause of action was stated in the first complaint, the real facts were never in issue and were not passed upon by the court.
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Appeal from White Circuit Court; Hance.N. Hutton, Judge; Since, as was held on former appeal, 105 Ark. 485, no cause of action was stated in the first complaint, the real facts were never in issue and were not passed upon by the court. The case was not disposed of on its merits, which is essential before a question can be res judicata. 83 Ark. 545; 89 Ark. 542; 23 Cyc. 1215; Id. 1232. Where this court has held a judgment upon a demurrer was a judgment upon the merits, 63 Ark. 254 and 99 Ark. 433, the only holding was that the judgment was final upon the questions in issue. Appellant is bound…
1Opinion of the CourtMcCulloch, C. J.
Plaintiff, James W. Barrentine, instituted an action in the circuit court of White County against The Henry Wrape Company, a corporation, to recover damages on account of personal injuries which he sustained while in the employment of defendant. He alleged that his injuries were caused by other servants and employees throwing rocks and other missiles about the premises of the defendant, one of which Inissiles struck him in the eye.. The circuit court sustained a demurrer to the complaint, and, the plaintiff declining to amend, final judgment was rendered against him. We affirmed that judgment…
2Cases cited3 opinions
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Luttrell v. ReynoldsSupreme Court of Arkansas · 1896
- Barrentine v. Henry Wrape Co.Supreme Court of Arkansas · 1912
3Cited by13 opinions
- Tri-County Highway Improvement District v. Vincennes Bridge Co.Supreme Court of Arkansas · 1925
- Henry Wrape Co. v. BarrentineSupreme Court of Arkansas · 1919
- McNeese v. RainesSupreme Court of Arkansas · 1931
- Douglas v. WilliamsSupreme Court of Arkansas · 1966
- United States v. 48.9 Acres of Land in Pike CountyDistrict Court, W.D. Arkansas · 1949
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