Collins v. Karatopsky
Supreme Court of Arkansas
APPEAL from Garland Circuit Court. Hon. J. M. Smith, Circuit Judge. Court erred iu sustaining demurrer to third part of first answer. 106 Mass., 201; VIII Am. Upts., 322 ; 63 III., 430; 113 Mass., 481; 117 Mass., 262. Appellant’s instructions should have been given. Improper instructions given on behalf of appellee.
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APPEAL from Garland Circuit Court. Hon. J. M. Smith, Circuit Judge. Court erred iu sustaining demurrer to third part of first answer. 106 Mass., 201; VIII Am. Upts., 322 ; 63 III., 430; 113 Mass., 481; 117 Mass., 262. Appellant’s instructions should have been given. Improper instructions given on behalf of appellee. Exceptions to rulings, on demurrer to first answer, waived by filing amended answer. 30 Ark., 684; 53 Ind., 78; 4-Green [Iowa), 259 ; 26 Iowa, 569; ib., 297; 42 111., 291; 22 Iowa, 538 ; 9 Grat. (Va.), 483. No such defenses as the amended answer sets up are-contemplated by the act…
1Opinion of the Court
STATEMENT.
Eakin, J.
Collins, as tenant of Karatopsky, took possession of a house and lot to hold by agreement for a year, from the first of October, 1877; and, on that date, paid $60 in advance for the rent of one month. Shortly afterwards, some change in the terms having been agreed upon, they executed a written lease bearing date as of the first, by the terms of which the latter agreed to let the premises to Collins for a year, at a monthly rent of fifty dollars to be paid monthly, in advance, Collins binding himself to pay the same, with ten per cent, interest in cáse of failure. It was…
2Cases cited1 opinion
- Skaggs v. EmersonCalifornia Supreme Court · 1875
3Cited by19 opinions
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Anderson v. RobinsonSupreme Court of Alabama · 1913
- Feary v. HamiltonIndiana Supreme Court · 1895
- Lindner v. Mid-Continent Petroleum Corp.Supreme Court of Arkansas · 1952
- Davis v. SmithSupreme Court of Rhode Island · 1904
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