Texas & Pacific Railway Co. v. Smith
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; W'here material evidence is discovered after the trial, which is essential to a complete defense of the action, and the failure to discover it sooner is not due to any negligence on the part of the defendant, this is a ground for setting aside the judgment and granting a new trial, after .the term in which the judgment was rendered has been adjourned.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; W'here material evidence is discovered after the trial, which is essential to a complete defense of the action, and the failure to discover it sooner is not due to any negligence on the part of the defendant, this is a ground for setting aside the judgment and granting a new trial, after .the term in which the judgment was rendered has been adjourned. Kirby’s Dig. § 6220. The court heard the testimony of witnesses on the motion for new trial, and the court’s finding will not be disturbed. 53 Ark. 166; 60 Ark. 257. The trial court is…
1Opinion of the CourtBattue, J.
Daniel W. Smith brought an action against the Texas & Pacific Railway Company, before a justice of the peace of Miller County, to recover eighty-five dollars for damages caused by an alleged negligent killing of two burros by defendant. After trial and judgment in a justice’s court it was taken by appeal to the Miller Circuit Court, where a jury trial was had on the 29th of June, 1908, and judgment was rendered against the defendant in favor of the plaintiff for twenty-five dollars and costs. After the rendition of the judgment an order was made allowing the defendant until the fourth day of…
2Cases cited3 opinions
- Robins v. FowlerSupreme Court of Arkansas · 1840
- Olmstead v. HillSupreme Court of Arkansas · 1840
- White v. StateSupreme Court of Arkansas · 1856
3Cited by2 opinions
- Garden City Feeder Co. v. Commissioner of Internal Rev.Court of Appeals for the Eighth Circuit · 1935
- Richardson v. SalleeSupreme Court of Arkansas · 1944