Category: Arkansas Court Opinions

MIDWEST BUSLINES, INC. and Kenneth GLOSEMEYER v. Samuel JOHNSON No. 86-185. 724 S.W.2d 453Supreme Court of Arkansas Opinion delivered February 23, 1987 1. DAMAGES — ACTIONS FOR WILLFUL AND WANTON WRONGS — MENTAL SUFFERING AS ELEMENT OF DAMAGES. — Mental suffering forms the proper element of damages in actions for willful and wanton wrongs and […]

253 S.W.3d 1 Jimmy BUMGARDNER v. STATE of Arkansas. No. CA CR 05-775.Court of Appeals of Arkansas. Opinion delivered March 14, 2007. 1. SEARCH SEIZURE — APPELLANT’S DETENTION CONSTITUTED A SEIZURE UNDER THE PURVIEW OF THE FOURTH AMENDMENT. — Although police officers determined that appellant had committed no crime and was the “victim,” they told […]

ARK. STATE HWY. COMM. v. THOMAS No. 5-1932. 328 S.W.2d 367Supreme Court of Arkansas Opinion delivered November 2, 1959. 1. EMINENT DOMAIN — TRIAL, SEVERANCE BETWEEN LESSOR AND LESSEE. — In eminent domain cases the interest of the freeholder, his interest as lessee in property leased and the interest of the lessor in his own […]

Pam JACKSON, Individually and as Administratrix of the Estate of James C. Jackson v. CADILLAC CLUB, INC., d/b/a Sundowners Club, John Fontana, Billy Burns, Jr., and Regina Applegate 98-574 986 S.W.2d 410Supreme Court of Arkansas Opinion delivered March 18, 1999 1. INTOXICATING LIQUORS — HIGH-RISK GROUPS — NO DISTINCTION BETWEEN MINORS INTOXICATED PERSONS WITH RESPECT […]

Ellen LUNSFORD v. Henry JONES No. CA 84-107 669 S.W.2d 16Court of Appeals of Arkansas Opinion delivered May 16, 1984 1. APPEAL ERROR — FILING DATE FOR APPELLANT’S ABSTRACT AND BRIEF. — Arkansas Supreme Court and Court of Appeals Rule 7 provides that in all civil cases the appellant’s abstract and brief shall be filed […]

Johnny Lewis THOMAS v. STATE of Arkansas CR 92-871 846 S.W.2d 168Supreme Court of Arkansas Opinion delivered January 25, 1993 1. APPEAL ERROR — REVIEW OF DENIAL OF DIRECTED VERDICT. — A review of a denial of a motion for directed verdict is treated as a challenge to the sufficiency of the evidence, and it […]

DRAKE v. HOWELL. 9 S.W.2d 565Supreme Court of Arkansas Opinion delivered October 8, 1928. 1. ACCOUNT STATED — CONCLUSIVENESS. — An account stated is only prima facie correct, and may be impeached for fraud, mistake or error. 2. ACCOUNT STATED — BURDEN OF PROOF. — The burden of adducing evidence of fraud, mistake or error […]

EAST ARKANSAS LUMBER COMPANY v. BEARD. 14 S.W.2d 224Supreme Court of Arkansas Opinion delivered February 11, 1929. PARTNERSHIP — WITHDRAWAL WITHOUT NOTICE. — A partner’s attempted withdrawal from a partnership without notice, actual or constructive, to the company furnishing partnership material did not release him from liability for material furnished on the faith of his […]

Stacey HOWARD v. George HICKS No. 90-166 800 S.W.2d 706Supreme Court of Arkansas Opinion delivered December 17, 1990 1. APPEAL ERROR — REVIEW OF WHETHER DIRECTED VERDICT SHOULD HAVE BEEN GRANTED. — In addressing the issue of whether a directed verdict should have been granted, the court must view the evidence in the light most […]

FORDYCE CONCRETE and Safeco/American States Insurance v. Charles GARTH (Deceased) CA 03-689 139 S.W.3d 154Court of Appeals of Arkansas, Division I. Opinion Delivered December 17, 2003 1. WORKERS’ COMPENSATION — “WHOLLY DEPENDENT” — DEFINED. — Under Arkansas case law, persons who are ordinarily recognized in law as dependents, including a wife and children, and to […]

SHULTS v. SHULTS No. 5-1177 299 S.W.2d 57Supreme Court of Arkansas Opinion delivered February 25, 1957. 1. DEEDS — UNDUE INFLUENCE — EVIDENCE, WEIGHT AND SUFFICIENCY OF. — Chancellor’s finding that appellee exercised no undue influence over his brother in connection with a deed to certain real and personal property, held not contrary to the […]

DEAN LEASING, INC. v. VAN BUREN COUNTY and Bobby Woodard No. CA 88-365 767 S.W.2d 316Court of Appeals of Arkansas Division I Opinion delivered April 5, 1989 1. PLEADINGS — ANSWER OF ONE DEFENDANT INURES TO BENEFIT OF OTHER DEFENDANT. — Where the defendant’s defense goes to the merits of the whole case and answers […]

OSCAR STILLEY v. JOHN R. YOUNG, FREDDY BURTON, IN HIS OFFICIAL CAPACITY AS COUNTY CLERK OF SALINE COUNTY, ARKANSAS 00-1119 28 S.W.3d 858Supreme Court of Arkansas Opinion delivered October 12, 2000 Appeal error — motion for expedited consideration — denied. — The supreme court denied appellant’s motion for expedited consideration. Appeal from Saline Circuit Court; […]