Meddock v. Williams
Supreme Court of Arkansas
Appeal from Greene Circuit Court; Prank Smith, Judge; 1. Statutes of limitation must be pleaded -even before a justice of the peace. 25 S. W. 32; 3 Id. 3, 7. 2. It was an error to submit to the jury the wrong issue, and refuse the right one, viz, that plaintiff was to cultivate the land he cleared. 3. While no pleadings (written) were necessary, if a party-elected to plead in writing he is bound thereby, and it was error to permit plaintiff to testify about twelve days’…
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Appeal from Greene Circuit Court; Prank Smith, Judge; 1. Statutes of limitation must be pleaded -even before a justice of the peace. 25 S. W. 32; 3 Id. 3, 7. 2. It was an error to submit to the jury the wrong issue, and refuse the right one, viz, that plaintiff was to cultivate the land he cleared. 3. While no pleadings (written) were necessary, if a party-elected to plead in writing he is bound thereby, and it was error to permit plaintiff to testify about twelve days’ labor. 4. The improper conduct and language of counsel for plaintiff, without rebuke by the court, is sufficient for…
1Opinion of the CourtHart, J.
On the 8th day of March. 1907, R. L. Williams brought suit against J. E. Meddock before a justice of the peace for $71.50 for work done in clearing, fencing and cleaning up some land of Meddock.
Meddock claimed that Williams was to cultivate all lands which he cleared; otherwise that nothing was due him for the clearing and fencing. He further pleaded payment, and also as a setoff an account for supplies alleged to have been furnished Williams by him during the previous year.
The trial in the justice’s court resulted in a verdict and judgment in favor of Williams for $34.25. On a trial de novo…
2Cases cited1 opinion
- Texas & St. Louis Railway v. HallSupreme Court of Arkansas · 1884
3Cited by3 opinions
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- Swift & Co. v. CoxSupreme Court of Arkansas · 1919