Industrial Mutual Indemnity Co. v. Armstrong
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Evans, Judge; statement by the court. Appellee sued appellant in justice’s court on certain accident insurance policies. In her complaint she asked for judgment for $70 and interest, also $10 per week during continuance of disability, and for 12 per cent, penalty and attorney’s fees. She obtained judgment in the justice’s court.
Read the full summary
Appeal from Garland Circuit Court; W. H. Evans, Judge; statement by the court. Appellee sued appellant in justice’s court on certain accident insurance policies. In her complaint she asked for judgment for $70 and interest, also $10 per week during continuance of disability, and for 12 per cent, penalty and attorney’s fees. She obtained judgment in the justice’s court. And on appeal by appellant to the circuit court appellee again obtained judgment in the sum of $30, and also 12 per cent, penalties and $15 for an attorney’s fee. Appellant moved to modify this judgment by eliminating the…
1Opinion of the Court
Wood, J.,
(after stating the facts). The court erred in rendering judgment for the penalty and attorney’s fee. The error appeared in the judgment. A motion for new trial was therefore unnecessary to bring it to the attention of this court. Gates v. School District, 57 Ark. 370; Norman v. Fife, 61 Ark. 33.
The question here involved is ruled by the decision of this court in the recent case of Pacific Mutual Life Ins. Co. v. Carter, 92 Ark. 378. The judgment for penalty and attorney’s fee is reversed, and judgment is entered here for appellee in the sum of $30, and appellee will pay the costs of…
2Cases cited3 opinions
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- Norman v. FifeSupreme Court of Arkansas · 1895
- Gates v. School DistrictSupreme Court of Arkansas · 1893
3Cited by5 opinions
- National Fire Insurance v. KightSupreme Court of Arkansas · 1932
- Fidelity-Phenix Fire Insurance v. FriedmanSupreme Court of Arkansas · 1915
- American Nat. Ins. Co. v. TurnerCourt of Appeals of Texas · 1920
- Queen of Arkansas Insurance v. MilhamSupreme Court of Arkansas · 1912
- Queen of Arkansas Insurance v. BramlettSupreme Court of Arkansas · 1912