Lourance v. Lankford
Supreme Court of Arkansas
Appeal from Prairie Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. Appellant brought suit against appellee in the chancery court of the southern district of Prairie County. Afterward, appellant dismissed his suit, and the following is the record entry of dismissal: “On this day this cause coming on for hearing, comes the plaintiff herein by his attorneys, Manning & Emerson, and on motion of plaintiff, this cause is dismissed at plaintiff’s cost.
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Appeal from Prairie Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. Appellant brought suit against appellee in the chancery court of the southern district of Prairie County. Afterward, appellant dismissed his suit, and the following is the record entry of dismissal: “On this day this cause coming on for hearing, comes the plaintiff herein by his attorneys, Manning & Emerson, and on motion of plaintiff, this cause is dismissed at plaintiff’s cost. It is therefore considered, ordered and adjudged that this cause be dismissed with prejudice, and that the plaintiff pay all…
1Opinion of the Court
Wood, J.,
(after stating the facts.) We are of the opinion that the finding of the chancellor that “M. J. Manning, for the plaintiff, and John L. Ingram and J. C. Thweatt for the defendant, agreed to dismiss this cause with prejudice and that judgment was rendered according to said agreement,” is not clearly against the preponderance of the evidence. Indeed, this finding is substantially in accord with the evidence. Attorney Manning does not deny that he agreed with attorneys for appellee to dismiss the cause with prejudice. He only denies that there was any agreement for settlement of the…
2Cases cited3 opinions
- St. Louis & North Arkansas Railroad v. BrattonSupreme Court of Arkansas · 1910
- Bouldin v. JenningsSupreme Court of Arkansas · 1909
- Tucker v. HawkinsSupreme Court of Arkansas · 1903
3Cited by7 opinions
- Sloan v. WilliamsSupreme Court of Arkansas · 1915
- Dawson v. StateSupreme Court of Arkansas · 1915
- Evans v. United States Anthracite Coal Co.Supreme Court of Arkansas · 1929
- Citizens Bank of Mammoth Spring v. Commercial National Bank of ChicagoSupreme Court of Arkansas · 1915
- Eiland v. Parkers Chapel Methodist ChurchSupreme Court of Arkansas · 1953
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