James v. James
Supreme Court of Arkansas
Appeal from Randolph Circuit Court. John B. McCaeeb, Judge. STATEMENT BY THE COURT. Appellee filed his complaint before a justice of the peace, alleging that he, as constable, had levied a writ of attachment upon 2064 pounds of seed cotton, which he delivered to appellant upon contract to gin the same immediately ; that appellant neglected to gin said cotton according to agreement, and that, by reason of such failure, same was burned.
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Appeal from Randolph Circuit Court. John B. McCaeeb, Judge. STATEMENT BY THE COURT. Appellee filed his complaint before a justice of the peace, alleging that he, as constable, had levied a writ of attachment upon 2064 pounds of seed cotton, which he delivered to appellant upon contract to gin the same immediately ; that appellant neglected to gin said cotton according to agreement, and that, by reason of such failure, same was burned. He prays judgment for $56.70, and obtains verdict and judgment for that amount, from which appellant appeals. Appellee testified that he delivered the cotton…
1Opinion of the Court
Wood, J.,
(aftei: stating the facts.) The theory upon which a recovery is sought in this case is presented by the complaint, the testimony of appellee, and the following instruction given by the court upon its own motion : “The jury are instructed that if they believe, from a preponderance of the evidence, that the plaintiff, while acting as constable, delivered to the defendant or his agent the cotton in controversy under a contract that the defendant would gin it by a certain time, and that the defendant negligently failed or refused to gin said cotton as agreed and that the same was thereby…
2Cases cited4 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Dubuque Wood & Coal Ass'n v. City & County of DubuqueSupreme Court of Iowa · 1870
3Cited by13 opinions
- Lemos v. MaddenWyoming Supreme Court · 1921
- Pittsburg Reduction Co. v. HortonSupreme Court of Arkansas · 1908
- Rhoads v. Service MacHine CompanyDistrict Court, E.D. Arkansas · 1971
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Arkadelphia Milling Co. v. Smoker Merchandise Co.Supreme Court of Arkansas · 1911
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