Category: Arkansas Court Opinions

TERRY, COUNTY JUDGE v. THORNTON. No. 4-7531 183 S.W.2d 787Supreme Court of Arkansas Opinion delivered December 4, 1944. 1. TAXATION — DIVERSION OF SCHOOL FUNDS. — A statute that authorizes a diversion of school funds into the county general fund where the money could be used for other than school purposes is unconstitutional. 2. CONSTITUTIONAL […]

Norma FERGUSON, Appellant v. Larry James FERGUSON, Executor of the Estate of L.J. Ferguson, Appellee CA08-1260 334 S.W.3d 425Court of Appeals of Arkansas, Division II. Opinion Delivered September 2, 2009 Appeal from the Hempstead County Circuit Court, [No. CV2005-208-2], Honorable Randy Wright, Judge. Affirmed on Direct Appeal and Cross-Appeal. LARRY D. VAUGHT, Chief Judge. In […]

K.M., Father of J.M., Minor v. STATE of Arkansas 97-1116 983 S.W.2d 93Supreme Court of Arkansas Opinion delivered November 12, 1998 1. APPEAL ERROR — APPELLANT’S BURDEN TO PRODUCE RECORD ABSTRACT SUFFICIENT FOR REVIEW. — The appellant bears the burden of producing both a record and an abstract sufficient for appellate review. 2. APPEAL ERROR […]

J. L. WILSON FARMS, INC. et al v. Johnny WALLACE et al No. CA 79-135 590 S.W.2d 42Court of Appeals of Arkansas Opinion delivered October 31, 1979 Rehearing denied December 5, 1979 Released for publication December 5, 1979 1. EVIDENCE — NEGLIGENCE — NONCOMPLIANCE WITH REGULATIONS ADMISSIBILITY. — Evidence of failure to comply with State […]

R. Robert BAILEY, and Ed H. Smith, Individually, and On Behalf of the Committee to Save Arkansas Jobs, Inc., and All Others Similarly Situated v. W.J. “Bill” McCUEN, Secretary of State 94-951 884 S.W.2d 937Supreme Court of Arkansas Opinion delivered September 27, 1994 Original Action Petition; Substitution of Master. PER CURIAM. On September 20, 1994, […]

BIBLER BROS. LUMBER CO. AND EMPLOYERS MUTUAL LIABILITY INSURANCE CO. v. ALBERT B. ALLEN No. 5-5761. 474 S.W.2d 116Supreme Court of Arkansas Opinion delivered December 13, 1971 [Rehearing denied January 17, 1972.] 1. WORKMEN’S COMPENSATION — COMPENSABLE FINDINGS — REVIEW. — Commission’s findings affirmed on appeal where, without regard to claimant’s testimony, reasonable men could […]

Gertrude BARNES v. Charles H. BARNES No. 5-4851 439 S.W.2d 37Supreme Court of Arkansas. Opinion Delivered April 7, 1969. 1. DIVORCE — MODIFICATION OF DECREE — CHANGED CIRCUMSTANCES AS GROUNDS. — A decree for maintenance and support is always subject to modification by application of either party upon a showing of change of circumstances. [Ark. […]

BROWN-HINTON WHOLESALE GROCERY COMPANY v. WARE SON. 26 S.W.2d 1110Supreme Court of Arkansas Opinion delivered April 14, 1930. 1. CUSTOMS AND USAGES — EFFECT OF LOCAL CUSTOM. — It is the consent or agreement of a creditor to relinquish the balance of his claim against an insolvent debtor’s estate in accepting a dividend distributed by […]

Kenneth Ray OSBURN, Appellant, v. STATE of Arkansas, Appellee CR08-1146 326 S.W.3d 771Supreme Court of Arkansas. Opinion Delivered June 25, 2009 Appeal from the Ashley County Circuit Court, No. CR2007-177-1, Hon. Samuel B. Pope, Judge, Reversed and Remanded. PAUL E. DANIELSON, Associate Justice Appellant Kenneth Ray Osburn appeals from his convictions for capital murder and […]

BENNETT v. CITY OF HOPE. No. 4-6719 161 S.W.2d 186Supreme Court of Arkansas Opinion delivered April 21, 1942 1. MUNICIPAL CORPORATIONS — Municipal corporations derive their legislative powers from the general laws of the state. Constitution, art. 12, 4. 2. MUNICIPAL CORPORATIONS — POWERS. — A municipal corporation has no powers except those expressly conferred […]

LANE v. SMITH. 17 S.W.2d 319Supreme Court of Arkansas Opinion delivered May 13, 1929. 1. VENDOR AND PURCHASER — DILIGENCE IN FURNISHING TITLE. — Where a vendor of a hotel and certain lots by contract made on November 9, 1927, agreed to furnish an abstract of title showing clear title and deliver possession on January […]

WALTON v. TULL No. 5-2533 356 S.W.2d 20Supreme Court of Arkansas Opinion delivered March 26, 1962. [Rehearing denied April 30, 1962.] 1. AUTOMOBILES — DRUNKEN DRIVING OF DEFENDANT AS PROXIMATE CAUSE OF COLLISION. — Jury’s conclusion that G’s drunken driving was a proximate cause of T’s injuries, held supported by substantial evidence. 2. APPEARANCE — […]

John Paul COX v. NASHVILLE LIVESTOCK COMMISSION No. CA 88-179 771 S.W.2d 786Court of Appeals of Arkansas En Banc Opinion delivered June 7, 1989 [Rehearing denied July 5, 1989.[*] ] [*] Corbin, C.J., and Cracraft, J., would grant rehearing. WORKERS’ COMPENSATION — CHARACTERIZATION OF PROBLEM AS A SYMPTOM DOES NOT ADDRESS REAL ISSUE — REAL […]

Shirley CHLANDA v. ESTATE of Milford G. FULLER 96-625 932 S.W.2d 760Supreme Court of Arkansas. Opinion delivered November 11, 1996 1. WILLS — RULING OF PROBATE COURT CORRECT — RULES OF CONSTRUCTION COME INTO PLAY ONLY WHERE TESTATOR’S INTENT IS UNCLEAR FROM FACE OF WILL. — The probate court’s ruling that the testator’s intent could […]

SOUTHWESTERN WATER CO., INC. v. MERRITT, ET AL. No. 5-590 275 S.W.2d 18Supreme Court of Arkansas Opinion delivered January 24, 1955. 1. EMINENT DOMAIN — DELAY AS GROUNDS FOR DISMISSAL. — Delay in prosecution of eminent domain proceeding by irrigation corporation held insufficient reason for dismissal. 2. EMINENT DOMAIN — CONSTITUTIONAL AND STATUTORY PROVISIONS — […]

221 S.W.3d 339 Wallace A. GARDNER v. STATE of Arkansas. No. CR 05-472.Supreme Court of Arkansas. Opinion delivered January 5, 2006. Rehearing denied February 9, 2006. 1. CRIMINAL LAW — CAPITAL FELONY MURDER — UNDERLYING FELONY OF AGGRAVATED ROBBERY — SUFFICIENT CORROBORATION OF ACCOMPLICE TESTIMONY. — There was sufficient evidence to support appellant’s conviction of […]