Stainback v. Henderson
Supreme Court of Arkansas
Appeal from Union Circuit Court; Charles W. Smith, Judge. Suit by Stainback, Crawford & Company against Graves, Henderson and Cargile. Judgment was for defendants, and plaintiffs appealed. STATEMENT by ti-ie court. This action was instituted by appellants to recover of one W. T. Graves the sum of $178 and interest at six per cent, from November 1, 1901. The complaint alleged that appellants furnished Graves certain glass for a store front in the town of Junction City.
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Appeal from Union Circuit Court; Charles W. Smith, Judge. Suit by Stainback, Crawford & Company against Graves, Henderson and Cargile. Judgment was for defendants, and plaintiffs appealed. STATEMENT by ti-ie court. This action was instituted by appellants to recover of one W. T. Graves the sum of $178 and interest at six per cent, from November 1, 1901. The complaint alleged that appellants furnished Graves certain glass for a store front in the town of Junction City. They allege that the glass was furnished and set for Graves in a store which he then owned, under contract to pay appellants…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. There was no error in permitting the amended answer. Under section 6098, Kirby’s Digest, a defendant “may set forth in his answer as many grounds of defense * * :|! as he shall have.” But the motion for new trial does not set out the ruling of the court in permitting the amended answer as one of the grounds for new trial. Therefore, even if the court erred in permitting it, appellants must be held to have abandoned their exceptions to the court’s ruling in this particular. Blunt v. Williams, 27 Ark. 374; Knox v. Hellums, 38 Ark. 413; Ferguson v.…
2Cases cited5 opinions
- Shorter University v. FranklinSupreme Court of Arkansas · 1905
- Koch v. KimberlingSupreme Court of Arkansas · 1892
- Knox v. HellumsSupreme Court of Arkansas · 1882
- Ferguson v. EhrenrergSupreme Court of Arkansas · 1882
- H. & W. Blunt v. WilliamsSupreme Court of Arkansas · 1872