Lowe v. Morrison

George Rose Smith, Justice.

This case having been previously in this court, we have jurisdiction under Rule 29 (1) (j). On the first appeal we reversed a tort judgment in favor of the Lowes and remanded the case for a new trial. Morrison v. Lowe, 267 Ark. 361, 590 S.W. 2d 299 (1979). During the pendency of the appeal, however, the judgment was not superceded, and the Lowes collected $7,681.41 by garnishments.

On remand the Morrisons filed a motion for restitution of the money. The Lowes resisted the motion on the theory that since they no longer have the money, having spent it for living…