Carey v. Watkins
Supreme Court of Arkansas
Appeal from Poinsett Circuit Court; Charles Coffin, Judge on Exchange of Circuits; The owner of property who disposes of it in a gambling transaction may recover it if he brings suit within the time required by law. Kirby’s Dig., § 3687. See also '47 Ark. 378, 384, 387- This case differs from Martin v. Hodge in this, that while in that case the taking was wrongful, in this case there. was no wrongful taking.
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Appeal from Poinsett Circuit Court; Charles Coffin, Judge on Exchange of Circuits; The owner of property who disposes of it in a gambling transaction may recover it if he brings suit within the time required by law. Kirby’s Dig., § 3687. See also '47 Ark. 378, 384, 387- This case differs from Martin v. Hodge in this, that while in that case the taking was wrongful, in this case there. was no wrongful taking. The proof is clear that appellee’s son won the wagon, and that appellant delivered it to appellee voluntarily. Appellant’s cause of action arises from1 a transgression of the positive law…
1Opinion of the CourtHart, J.
This is a suit in replevin for the possession of a wagon, and was commenced before a justice of the peace by L. D. Turman against T. J. Watkins. The' latter filed a cross bond, and retained the possession of the wagon. Subsequently Robert Carey filed an interplea, claiming title to the wagon, and T. J. Watkins as next friend of Mathew Watkins, a minor, was made defendant.
The trial resulted in a verdict and judgment for the defendant.
The plaintiff, Turman, and the intervener, Carey, both appealed to the circuit court, where the case was tried de novo. The facts, so far as material to the…
2Cases cited1 opinion
- Martin v. HodgeSupreme Court of Arkansas · 1886
3Cited by7 opinions
- Shuffield v. RaneySupreme Court of Arkansas · 1956
- Republic Power & Service Co. v. Gus Blass Co.Supreme Court of Arkansas · 1924
- Josephs v. BriantSupreme Court of Arkansas · 1913
- Jones v. BurksSupreme Court of Arkansas · 1913
- Millsaps v. UrbanSupreme Court of Arkansas · 1914
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