Ryan v. Fielder
Supreme Court of Arkansas
Appeal from Greene. Circuit Court; Prank Smith, Judge; statement by the court. Appellants brought suit against Jade Fielder and his son Henry for damages for the malicious killing of a mare, alleged to be of the value of $200, and prayed judgment for three times the value.
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Appeal from Greene. Circuit Court; Prank Smith, Judge; statement by the court. Appellants brought suit against Jade Fielder and his son Henry for damages for the malicious killing of a mare, alleged to be of the value of $200, and prayed judgment for three times the value. Defendants filed a joint answer, denying that they shot or killed the mare, and that plaintiff was damaged in-the sum of $600, or at all, and that the animal was worth $200. On the trial the jury rendered the following special verdict: “Did Henry Fielder shoot the mare? Yes. E. W. Compton, Foreman. If so, did the father…
1Opinion of the Court
Kirby, J.,
(after stating the facts). A motion in arrest of judgment .is not recognized in civil suits under our Code of Practice, and such motion, where recognized, can only be maintained for errors apparent upon the face of the-record, and the evidence is no part of the record for this purpose. Carter v. Bennett, 15 Howard, 354; Bond v. Dustin, 112 U. S. 608; 2 End Pleading & Prac. 794.
Under our statute, the defense of an infant must be by his regular guardian or by guardian appointed to defend for him, where no regular guardian appeai-s, and “no judgment can he rendered against an infant…
2Cases cited5 opinions
- Bond v. DustinSupreme Court of the United States · 1884
- Salinas v. WrightTexas Supreme Court · 1854
- Randolph v. NicholSupreme Court of Arkansas · 1905
- Miller v. MintunSupreme Court of Arkansas · 1904
- Merritt v. School DistrictSupreme Court of Arkansas · 1891
3Cited by10 opinions
- Fulbright v. PhippsSupreme Court of Arkansas · 1928
- Ware v. StateSupreme Court of Arkansas · 1920
- Ingram v. RaifordSupreme Court of Arkansas · 1927
- Trolinger v. CluffIdaho Supreme Court · 1936
- Collier v. Newport Water, Light & Power Co.Supreme Court of Arkansas · 1911
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