Category: Arkansas Court Opinions

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 […]

Raymond POLK v. STATE of Arkansas CA CR 02-1264 105 S.W.3d 797Court of Appeals of Arkansas, Division IV. Opinion delivered May 21, 2003 1. APPEAL ERROR — SUFFICIENCY OF EVIDENCE — CONSIDERED FIRST ON APPEAL. — Double-jeopardy issues require consideration of a challenge to the sufficiency of the evidence prior to the examination of other […]

KITTRELL v. WILKERSON. 9 S.W.2d 788Supreme Court of Arkansas Opinion delivered October 8, 1928. 1. AUTOMOBILE — NEGLIGENCE — QUESTION FOR JURY. — Whether the driver of an automobile which collided with another car while attempting to pass it was negligent held, in view of conflicting evidence, to be a question for the jury. 2. […]

Ron and Ramona DAVENPORT, as the Administrators of the Estate of Linda Kay Moore, Deceased, or, in the Alternative, Ron and Ramona Davenport, Individually and as the Heirs at Law of Linda Kay Moore, Deceased, on Behalf of Themselves and All Other Heirs at Law of the Deceased, or All Who are Entitled to Legal […]

SOUTHWESTERN BELL TELEPHONE COMPANY v. ROBERTS. 31 S.W.2d 302Supreme Court of Arkansas Opinion delivered September 22, 1930. 1. AUTOMOBILE — NEGLIGENCE — JURY QUESTION. — Evidence of negligence of driver of automobile held for the jury. 2. AUTOMOBILE — JURY QUESTION. — Whether in striking a pedestrian, the driver of an automobile was engaged in […]