Category: Arkansas Court Opinions

MORGAN v. STOCKS. No. 4-5308 122 S.W.2d 953Supreme Court of Arkansas Opinion delivered December 19, 1938. 1. PLEADING — ANSWER OF GUARDIAN. — In an action to foreclose a mortgage against the widow and heirs of the deceased mortgagor, the answer of the guardian of the minor heirs denying the execution of the note and […]

William FARMER v. William F. EVERETT, Director of Labor, and ALLRIGHT PARKING, INC. No. E 82-201 648 S.W.2d 513Court of Appeals of Arkansas Opinion delivered March 23, 1983 [Rehearing denied April 20, 1983.[*] ] [*] COOPER, J., would grant rehearing. 1. ATTORNEY CLIENT — ATTORNEY SHOULD WITHDRAW AND TESTIFY OR REFRAIN FROM TESTIFYING. — An […]

CRACKER BARREL and Fidelity Guaranty Insurance Company v. Sherry L. (Shepherd) LASSITER. CA 04-161. 190 S.W.3d 911Court of Appeals of Arkansas. Opinion delivered September 8, 2004. 1. WORKERS’ COMPENSATION — DETERMINATION OF EMPLOYEE’S AVERAGE WEEKLY WAGE — STANDARD OF REVIEW. — On an appeal from a determination of an employee’s average weekly wage, the appellate […]

PULASKI COUNTY, Arkansas v. JACUZZI BROTHERS DIVISION of Jacuzzi, Inc., Merico, Inc., Smith Fiberglass Products, Inc., and City of Little Rock, Arkansas 93-963 875 S.W.2d 496Supreme Court of Arkansas Opinion delivered May 9, 1994 1. COUNTIES — COUNTIES MAY APPEAL DECISION OF COUNTY COURT TO CIRCUIT COURT — ASSESSOR SHOULD BE JOINED IN THE APPEAL. […]

PYRAMID LIFE INSURANCE COMPANY v. TRANTHAM. No. 4-8781 217 S.W.2d 924Supreme Court of Arkansas Opinion delivered March 7, 1949. 1. APPEAL AND ERROR. — In determining the correctness of the lower court’s refusal to give a peremptory instruction in favor of appellant, testimony will be given its strongest probative force in favor of appellee. 2. […]

Roy CHAISSON v. Annette RAGSDALE 95-945 914 S.W.2d 373Supreme Court of Arkansas. Opinion delivered February 12, 1996 1. PARENT CHILD — UNIFORM INTERSTATE FAMILY SUPPORT ACT’S PURPOSE IS THE SUPPORT OF THE CHILD AND THE ENFORCEMENT OF THE SAME — CONSIDERATION OF COLLATERAL ISSUES RUNS COUNTER TO THE ACT’S GOAL. — Uniform Interstate Family Support […]

Lillian HOWARD v. Willow CRAMLET CA 96-445 939 S.W.2d 858Court of Appeals of Arkansas Division I Opinion delivered March 19, 1997 1. EASEMENTS — RIGHT-OF-WAY NEED NOT BE DESCRIBED BY METES AND BOUNDS. — An easement or right-of-way is an interest in land and is conveyed by deed the same as land is conveyed; however, […]

CONCRETE, INC. v. ARKHOLA SAND GRAVEL CO. No. 5-1517 311 S.W.2d 770Supreme Court of Arkansas Opinion delivered April 7, 1958. 1. VENUE — UNFAIR COMPETITION BY DOMESTIC CORPORATION. — Since the “Unfair Practices Act” [Ark. State., 7001, et seq.], contains no provision for venue, the venue in an action against a domestic corporation is fixed […]

AMERICAN PIONEER LIFE INSURANCE COMPANY v. Jean TURMAN, Administratrix of the Estate of William H. ADAMS, Deceased No. 5-6179. 495 S.W.2d 866Supreme Court of Arkansas Opinion delivered May 14, 1973 1. INSURANCE — MISREPRESENTATION MATERIAL TO RISK — PRESUMPTIONS. — Insurer’s failure to allege materiality under subsections (b) and (c) of 66-3208 was not fatal […]

MISSOURI PACIFIC RAILROAD COMPANY, THOMPSON, TRUSTEE v. WILEY. No. 4-5859 140 S.W.2d 676Supreme Court of Arkansas. Opinion delivered May 6, 1940. 1. TRIAL — BURDEN. — In appellee’s action to recover damages for personal injuries sustained when a lump of coal fell from the top of the tender and struck him on the head while […]

William C. MALCOM v. Cynthia Ann THOMASON No. 83-77 658 S.W.2d 357Supreme Court of Arkansas Opinion delivered September 26, 1983 1. APPEAL ERROR — PROFFER OF PROOF MUST BE MADE TO PRESERVE POINT FOR APPEAL. — When an objection to the exclusion of evidence is made, trial counsel should proffer the answer to the disallowed […]