Legal Opinion

Floyd v. Skillern

Supreme Court of Arkansas

Decided December 20, 1915PublishedCited by 6 opinions

Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; STATEMENT BY THE COURT. Plaintiff, in March, 1915, brought this suit for damages against the defendant for slander and malicious prosecution, alleging the facts constituting his cause of action land that there was no probable cause for the prosecution.

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Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; STATEMENT BY THE COURT. Plaintiff, in March, 1915, brought this suit for damages against the defendant for slander and malicious prosecution, alleging the facts constituting his cause of action land that there was no probable cause for the prosecution. Defendant filed a motion to dismiss, alleging that the Complaint set out substantially the same cause of action as in the first complaint of June 3, 1914, and that said first complaint and cause of action was dismissed for want of prosecution on the calling thereof for trial…

1Opinion of the Court

Kirby, J.,

(after stating the facts). Our statutes provide, section 6167 Kirby’s Digest: “An action may be dismissed without prejudice to a future action, * * *.

“Second, by the court where the plaintiff fails to appear on the trial” and where 'an action shall be commenced within the time “and the plaintiff therein suffer a nonsuit * * * such plaintiff may commence a new action within one year after such nonsuit suffered,” etc. Section 5083, Kirby’s Digest.

In Hallum v. Dickinson, 47 Ark. 120, this court held in effect that a nonsuit whether voluntary or involuntary is not a judgment upon the…

2Cases cited3 opinions

  1. Hallum v. DickinsonSupreme Court of Arkansas · 1886
  2. Buckner v. RailwaySupreme Court of Arkansas · 1890
  3. Turrentine v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1910

3Cited by6 opinions

  1. Jernigan v. Pfeifer BrothersSupreme Court of Arkansas · 1928
  2. Forschler v. CashSupreme Court of Arkansas · 1917
  3. Heard v. McCabeSupreme Court of Arkansas · 1917
  4. Jordon v. McCabeSupreme Court of Arkansas · 1946
  5. Chandler v. FurlowSupreme Court of Arkansas · 1946

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