Walker v. Goodlet
Supreme Court of Arkansas
Appeal from Hempstead Chancery Court; J ames D. Shaver, Chancellor; STATEMENT BY THE COURT. This is the second appeal in this case. When the case was here before we stated the issue as follows: “The plaintiff, Dan Walker, disaffirmed a deed of conveyance which he alleges was executed by him to the defendant, J. E. Goodlett, while he was under twenty-one years of age, and he instituted this action to cancel said conveyance.
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Appeal from Hempstead Chancery Court; J ames D. Shaver, Chancellor; STATEMENT BY THE COURT. This is the second appeal in this case. When the case was here before we stated the issue as follows: “The plaintiff, Dan Walker, disaffirmed a deed of conveyance which he alleges was executed by him to the defendant, J. E. Goodlett, while he was under twenty-one years of age, and he instituted this action to cancel said conveyance. “The defendant denied in his answer that the plaintiff was under twenty-one years of age when he executed the deed, and this presented the only issue which the chancellor…
1Opinion of the Court
Wood, J.,
(after stating the facts). As shown by the opinion on the former appeal, the only issue ‘ ‘ which the chancellor was called on by the pleadings to decide was whether or not the appellant here was under twenty-one years of age when he executed the deed.” That being the only issue, fhe court erred in injecting into the case the issue as to whether or not the plaintiff below (appellant here) was liable for necessary supplies furnished him by the appellee. That was a new issue, and it could not be raised for the first time after the cause had been tried on another issue and a judgment…
2Cases cited1 opinion
- Gaither v. CampbellSupreme Court of Arkansas · 1910
3Cited by4 opinions
- Ferguson v. GreenSupreme Court of Arkansas · 1979
- Arkansas Baptist College v. DodgeSupreme Court of Arkansas · 1934
- Henry v. IrbySupreme Court of Arkansas · 1927
- Polk v. FriersonSupreme Court of Arkansas · 1914