Category: Arkansas Court Opinions

HANCOCK v. STATE. No. 4244 161 S.W.2d 198Supreme Court of Arkansas Opinion delivered April 27, 1942 1. ARSON — PRESUMPTIONS — There is no presumption that an unexplained fire is of incendiary origin. 2. ARSON — PRESUMPTIONS. — The presumption is that an unexplained fire was caused by an accident, and, at least, that it […]

Terry KELLEY v. STATE of Arkansas No. CR 83-21 646 S.W.2d 703Supreme Court of Arkansas Opinion delivered February 28, 1983 Guy H. “Mutt” Jones, Phil Stratton and Casey Jones, by: Phil Stratton, for petitioner. Steve Clark, Atty. Gen., by: Arnold M. Jochums, Asst. Atty. Gen., for respondent. PER CURIAM. Petition for Review is denied. PURTLE, […]

ALLSTATE INSURANCE COMPANY v. LANIE SUE ORMAND ET AL No. 5-5928 480 S.W.2d 939Supreme Court of Arkansas Opinion delivered June 5, 1972 1. INSURANCE — ACTIONS ON POLICIES — STATUTORY PENALTY ATTORNEY’S FEE. — Statutory penalty and attorney’s fee could not be assessed in an action on a policy issued in another state to a […]

Majel Penney SHIPMAN v. D. R. (Runyan) PENNEY and wife, Tommye PENNEY No. CA 79-316 598 S.W.2d 450Court of Appeals of Arkansas Opinion delivered April 23, 1980 Released for publication May 14, 1980 1. APPEAL ERROR — APPEAL FROM CHANCERY DECREE REVIEWED DE NOVO — DECREE AFFIRMED IF SUPPORTED BY PREPONDERANCE OF THE EVIDENCE. — […]

Louis Kenjuan COBB v. STATE of Arkansas CR 99-631 12 S.W.3d 195Supreme Court of Arkansas Opinion delivered January 27, 2000 1. MOTIONS — DIRECTED VERDICT — STANDARD OF REVIEW. — On appeal, a motion for a directed verdict is treated as a challenge to the sufficiency of the evidence; when the supreme court reviews a […]

John S. HARWOOD v. Pamela MONROE, Special Administratrix of the Estate of George Wood, Deceased CA 98-159 984 S.W.2d 93Court of Appeals of Arkansas Division IV Opinion delivered January 27, 1999 1. EXECUTORS ADMINISTRATORS — ORDER APPOINTING SPECIAL ADMINISTRATOR — NO APPEAL FROM. — Although appeal of an order of the probate court is allowed […]

WOOLFORD v. STATE. No. 4223 155 S.W.2d 339Supreme Court of Arkansas Opinion delivered October 20, 1941. 1. CRIMINAL LAW — CORROBORATION OF ACCOMPLICE. — Where the defendant, charged with sodomy, enticed a fourteen-year-old boy to a place of seclusion and detained him against his will, testimony of the subject of the assailant’s lust need not […]

Clarence LAGRONE v. STATE of Arkansas. No. CA CR 04-415. 204 S.W.3d 568Court of Appeals of Arkansas. Opinion delivered March 2, 2005. 1. MOTIONS — GRANT OR DENIAL OF MOTION FOR CONTINUANCE — STANDARD OF REVIEW. — The appellate court reviews the grant or denial of a motion for continuance under an abuse of discretion […]

KELLY SMITH, AS ADMINISTRATRIX OF LYDIA SHEPARD, APPELLANT v. ST. PAUL FIRE MARINE INSURANCE COMPANY, APPELLEE CA 01-488 64 S.W.3d 764Court of Appeals of Arkansas Division III Opinion delivered December 19, 2001 1. Judgment — summary judgment — when granted. — Summary judgment is a remedy that should only be granted when there are no […]

DROWN v. WHITE RIVER LEVEE DISTRICT. 27 S.W.2d 793Supreme Court of Arkansas Opinion delivered April 21, 1930. 1. APPEAL AND ERROR — WAIVER OF OBJECTION TO CONTINUANCE. — A party not objecting to a ruling granting a continuance unless an absent witness’ testimony should be agreed to, and consenting that the statement as to what […]

MICHAEL WEAVER v. TYSON FOODS and SECOND INJURY FUND No. CA 88-436 790 S.W.2d 442Court of Appeals of Arkansas Opinion delivered June 6, 1990. 1. STATUTES — CONSTRUCTION — PRIMARY RULE. — The primary rule in construing a statute is to ascertain and give effect to the intent of the General Assembly and this intent […]

J. B. WILSON v. JOAN RODGERS et al No. 5-5415. 468 S.W.2d 739Supreme Court of Arkansas Opinion delivered April 5, 1971 [Rehearing granted June 21, 1971.] 1. TRUSTS — CONSTRUCTIVE TRUSTS — ESTABLISHMENT BY PAROL EVIDENCE. — A constructive trust may be proved by parol evidence but parol evidence for that purpose is received with […]

DUMBROSKI v. STATE. No. CR 3981 90 S.W.2d 973Supreme Court of Arkansas. Opinion delivered February 17, 1936. 1. HUSBAND AND WIFE — ABANDONMENT. — In a prosecution of a husband for abandoning his wife and child, it was error to read to the jury as the law of the case Crawford Moses’ Dig., 2596, where […]

RUTH MEYERS SETTLE v. RONALD P. MEYERS No. 5-5741. 473 S.W.2d 434Supreme Court of Arkansas Opinion delivered December 6, 1971 1. DIVORCE — CUSTODY OR CHILDREN — GROUNDS FOR AWARD. — A mother is better fitted than a father to take care of a very young child — especially a girl. 2. DIVORCE — MODIFICATION […]