Bank of Almyra v. Laur
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court, Northern District ; Thos. C. Trimble, Judge; 1. The judgment does not follow and conform to the verdict. 23 Cyc. 825; 47 Ark. 126. 2. The verdict is excessive.
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Appeal from Arkansas Circuit Court, Northern District ; Thos. C. Trimble, Judge; 1. The judgment does not follow and conform to the verdict. 23 Cyc. 825; 47 Ark. 126. 2. The verdict is excessive. The hank was merely a judgment creditor and asked for an execution on the judgment; it did not direct what property should be levied upon. 17 Cyc. 1572; 66 Ark. 562. 3. ' There was no competent proof as to the profits of the business. 17 Cyc. 1578; 86 Ark. 486. 4. Boswell was, at least; a de facto officer. 38 Ark. 150; 25 Id. 344. The instructions to the jury were prejudicial. 38 Cyc. 1632. 1. The…
1Opinion of the CourtMcCulloch, C. J.
Appellant brought suit before a justice of the peace in Arkansas County against one L. Laur to recover the amount of a promissory note executed by him to appellant, and recovered judgment. An execution was sued out on the judgment and placed in the hands of Sam P. Boswell, as constable, who levied the same on one soda fountain and bar, tank, glassware, chairs and tables, and sold the same under said writ. After sale, the said property was delivered into the possession of the appellant at its banking house and was there stored.
Appellee, Ida V. Laur, is the wife of said L. Laur, and she…
2Cases cited1 opinion
- Mitchell v. StateSupreme Court of Arkansas · 1908
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