Heard v. Ewan
Supreme Court of Arkansas
Appeal from Monroe Circuit Court. George M. Chapeine, Judge. Mandates of the Supreme Court are to be. construed in the light of their surroundings. 13 Ark. 253; 16 Wall. 468; 94 U. S. 498; 13- Pet. 359. The finding of guilt or liability will not be disturbed when the only error has been one affecting the degree of punishment or the measure of damages. 57 Ark. 349; 65 Ark. 619. When the amount due on a mortgage is tendered and refused, the mortgage is no longer enforcible. 1…
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Appeal from Monroe Circuit Court. George M. Chapeine, Judge. Mandates of the Supreme Court are to be. construed in the light of their surroundings. 13 Ark. 253; 16 Wall. 468; 94 U. S. 498; 13- Pet. 359. The finding of guilt or liability will not be disturbed when the only error has been one affecting the degree of punishment or the measure of damages. 57 Ark. 349; 65 Ark. 619. When the amount due on a mortgage is tendered and refused, the mortgage is no longer enforcible. 1 Jones, Mort. § § 886-903. A reversal of a case for either erroneous instructions or want of evidence does not limit .the…
1Opinion of the Court
Hire,. C. J.
The case was here on a former appeal, and is reported as Summers v. Heard, 66 Ark. 550. The judgment in that case was in favor of the appellant in this case, and was reversed on account of error in the instruction on the measure of damage. On the remand of the case the defendants in that suit, appellees here, amended their answer, setting up fraud in the purchase of the partnership interest and other matters. The facts are fully set forth in the former decision, and need not be repeated. Suffice it to say that the issue was whether Heard’s purchase of the partnership interest was…
2Cases cited1 opinion
- Summers v. HeardSupreme Court of Arkansas · 1899
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- St. Louis, Iron Mountain & Southern Railway Co. v. YorkSupreme Court of Arkansas · 1909
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