Category: Arkansas Court Opinions

ST. EDWARD MERCY MEDICAL CENTER v. Patricia ELLISON CA 96-1134 946 S.W.2d 726Court of Appeals of Arkansas Division IV Opinion delivered June 18, 1997 1. MOTIONS — DIRECTED-VERDICT MOTION IS CONDITION PRECEDENT TO MOTION FOR JUDGMENT N.O.V. — A directed-verdict motion is a condition precedent to moving for a judgment notwithstanding the verdict. 2. MOTIONS […]

M. P. HATHCOCK v. STATE of Arkansas No. CR 74-41 510 S.W.2d 276Supreme Court of Arkansas Opinion delivered June 10, 1974 1. CRIMINAL LAW — PROSECUTOR’S OPENING STATEMENT PREJUDICIAL — REVIEW. — While no error was found in the prosecutor’s opening statement, it could not be considered prejudicial where no objection was made to anything […]

Christine M. JONES v. Jerry A. JONES 97-212 940 S.W.2d 881Supreme Court of Arkansas Opinion delivered April 7, 1997 1. PROHIBITION, WRIT OF — PETITIONER’S REMEDIES MUST BE SOUGHT BELOW — WRIT OF PROHIBITION DENIED. — Petitioner’s petition for writ of prohibition, stating that the chancery court is wholly without jurisdiction to rehear the custody […]

FOX v. PINSON 6 S.W.2d 518Supreme Court of Arkansas Opinion delivered May 21, 1928. 1. MORTGAGES — SUFFICIENCY OF CROSS-COMPLAINT. — In a suit to foreclose mortgages, a cross-complaint, calling on the administrator and survivors of the grantor to defend the title under his warranty, and setting up a wrongful dispossession and destruction of a […]

TUCKER ENTERPRISES, INC., d/b/a MR. MOBILE HOMES and CENTURION HOMES CORPORATIONS v. George F. HARTJE, Judge, et al Nos. 82-191, 82-192 650 S.W.2d 559Supreme Court of Arkansas Opinion delivered February 7, 1983 [Rehearing denied March 14, 1983.] 1. PROHIBITION — WHEN SUPREME COURT MAY ISSUE WRIT. — When a trial court is proceeding in a […]

Jim DuPREE et al v. ALMA SCHOOL DISTRICT NO. 30 of Crawford County et al No. 82-175 651 S.W.2d 90Supreme Court of Arkansas Opinion delivered May 31, 1983 1. CONSTITUTIONAL LAW — EDUCATION CLAUSE REINFORCES APPLICATION OF EQUAL PROTECTION CLAUSE TO PRESENT EDUCATION FINANCING SYSTEM. — The constitutional mandate for a general, suitable and efficient […]

David Patrick ROSWELL v. John B. DRIVER and Frances R. DRIVER No. CA 79-112 596 S.W.2d 352Court of Appeals of Arkansas Opinion delivered March 12, 1980 Rehearing Denied April 9, 1980 Released for publication April 9, 1980 1. PARTITION — FAILURE TO PROPERLY SERVE DEFENDANT — COURT WITHOUT JURISDICTION TO PARTITION LAND. — Where the […]

SPECIAL INSURANCE SERVICES, INC. and ARKANSAS GENERAL AGENCY, INC. v. DIXIE ADAMSON No. CA 86-43. 722 S.W.2d 875Court of Appeals of Arkansas Division II Opinion delivered February 4, 1987 1. EVIDENCE — SUFFICIENCY — STANDARD OF REVIEW. — The findings of fact of a trial judge sitting as the finder of fact will not be […]

James McCLARD, Brian Stacks, and Joyce Stacks v. CRAIN MANAGEMENT GROUP, INC., d/b/a Freeway Ford Lincoln, Mercury, Inc. 92-1325 855 S.W.2d 929Supreme Court of Arkansas Opinion delivered June 21, 1993 [Rehearing denied July 19, 1993[*] ] [*] Hays and Glaze, JJ., would grant rehearing. 1. JURY — MODEL INSTRUCTION ACCURATE — SHOULD NOT HAVE BEEN […]

THOMAS v. HAWKINS No. 4-9403 233 S.W.2d 247Supreme Court of Arkansas Opinion delivered October 23, 1950. TRIAL — ELECTION CONTESTS — NECESSITY FOR VERIFICATION OF COMPLAINT BY AFFIDAVIT — SUFFICIENCY OF ATTESTATION. — In controversy involving jurisdiction of trial court to hear an election contest, admittedly filed within apt time, it was contended that the […]

W. L. DOUGLAS SHOE COMPANY v. ROLLWAGE. No. 4-3162 63 S.W.2d 841Supreme Court of Arkansas. Opinion delivered October 23, 1933. 1. ATTORNEY AND CLIENT — NEGLIGENCE IN MAKING COLLECTION. — The fact that an attorney erroneously believed that the law prohibited the issuance of a grit of garnishment before obtaining judgment did not excuse his […]