Category: Arkansas Court Opinions

OVERTUS BRINKER, APPELLANT, v. FORREST CITY SCHOOL DISTRICT NO. 7; VIRGINIA L. ROLAND; AND SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY, APPELLEES 00-56 40 S.W.3d 265Supreme Court of Arkansas. March 15, 2001 1. Judgment — summary judgment — general rule regarding denial. — As a general rule, the denial of a motion for summary judgment is […]

Nadine JONES v. DIRECTOR OF LABOR No. E 82-262 650 S.W.2d 601Court of Appeals of Arkansas Opinion delivered May 25, 1983 1. UNEMPLOYMENT COMPENSATION — EVIDENCE CONSIDERED THAT WAS NOT BEFORE THE BOARD. — Where evidence that was not before the Appeal Tribunal was considered by the Board of Review and it cannot be said […]

DARSOW v. LANDRETH No. 5-2901 365 S.W.2d 136Supreme Court of Arkansas Opinion delivered February 25, 1963. 1. TRUSTS — RESULTING TRUST — SUFFICIENCY OF EVIDENCE. — The trial court was correct in construing the Eikner deed to have created a resulting trust where the evidence was clear, convincing and satisfactory that the consideration was paid […]

FIRST COMMERCIAL BANK, Trustee v. Duane T. MEYER, Beneficiary No. 86-12. 711 S.W.2d 791Supreme Court of Arkansas Opinion delivered June 30, 1986 1. TRIAL — CONFLICTS IN TESTIMONY — RESPONSIBILITY OF TRIAL COURT TO RESOLVE. — The trial court has the responsibility of resolving conflicts in testimony. 2. TRUSTS — UNDER THE CIRCUMSTANCES, THE FINDING […]

McLEAN BOTTOM LEVEE DRAINAGE DISTRICT NO. 3 v. CHAMBERS, CHANCELLOR No. 4-8304 203 S.W.2d 397Supreme Court of Arkansas Per curiam opinion delivered June 30, 1947. 1. PROHIBITION. — Petition for prohibition to prevent the chancellor from interfering with the order of circuit court by requiring deposit for payment of damages for trespass will, since the […]

Kenny HALFACRE v. STATE of Arkansas No. CR 86-183 731 S.W.2d 182Supreme Court of Arkansas Opinion delivered June 1, 1987 [Rehearing denied June 29, 1987.] 1. EVIDENCE — TESTIMONIAL PRIVILEGE AVAILABLE TO ACCUSED IN CRIMINAL PROCEEDING. — A.R.E. Rule 504 is a rule of evidence providing a testimonial privilege to an accused in a criminal […]

254 S.W.3d 11 STATE of Arkansas v. HATCHIE COON HUNTING FISHING CLUB, INC. No. CA 06-797.Court of Appeals of Arkansas. Opinion delivered March 21, 2007. Rehearing denied May 2, 2007. 1. PROPERTY — ACCRETION — ARKANSAS LAW DID NOT REQUIRE APPELLEE TO PROVE THAT THE ACCRETION WAS FORMED DURING ITS RECORD OWNERSHIP. — Although the […]

Charles L. HONEY, Executor of the Estate of Verna Bell Hamilton v. Ruth Hamilton HICKEY and Wanda Hamilton Jones No. CA 88-123 760 S.W.2d 81Court of Appeals of Arkansas, Division I. Opinion delivered November 23, 1988 1. EVIDENCE — HEARSAY — THE HEARSAY RULE DOES NOT EXCLUDE A STATEMENT OF THE DECLARANT’S THEN EXISTING STATE […]

MITCHELL v. MARTINDILL. No. 4-7710 189 S.W.2d 662Supreme Court of Arkansas Opinion delivered October 8, 1945. 1. DEEDS — RESERVATION OF GROWING CROPS. — Where a party executes a deed in fee of land sold without an express reservation of the growing crop, his interest in the crop passes by the conveyance. Page 67 2. […]