Category: Arkansas Court Opinions

Reynaldo MEEKINS v. STATE of Arkansas No. CA CR 90-81 787 S.W.2d 258Court of Appeals of Arkansas En Banc Opinion delivered April 18, 1990 APPEAL ERROR — APPEAL BONDS DECIDED BY TRIAL COURT, NOT APPELLATE COURT. — Appeal bonds are normally decided by the trial court in the first instance, and where appellant failed to […]

Shelby A. WARD, III v. Teresa Gail Ward DOSS. No. 04-532. 205 S.W.3d 767Supreme Court of Arkansas. Opinion delivered March 24, 2005. 1. DIVORCE — ORDER OF CHILD SUPPORT — STANDARD OF REVIEW. — The supreme court’s standard of review for an appeal from a child-support order is de novo on the record, and the […]

Elmer STYERS and Thelma STYERS v. Joe JOHNSON and Gladys JOHNSON, et al. No. CA 86-239 720 S.W.2d 334Court of Appeals of Arkansas Division II Opinion delivered December 10, 1986 1. WATERS WATER COURSES — PERMIT TO BUILD DAM — LOWER RIPARIAN OWNERS PROTECTED. — Even though the appellants complied with the legal requirements necessary […]

Bob H. GRAHAM v. STATE of Arkansas No. CA CR 81-29. 621 S.W.2d 4Court of Appeals of Arkansas Opinion delivered September 2, 1981 [Rehearing denied October 7, 1981.] 1. EVIDENCE — WITNESS — THIRD PARTY CHARACTERIZATION OF STATEMENTS BY WITNESS — NECESSITY FOR WITNESS TO SUBSCRIBE TO STATEMENTS. — A witness may not be charged […]

OLD REPUBLIC INS. CO. v. MARTIN No. 5-1753 320 S.W.2d 266Supreme Court of Arkansas Opinion delivered February 2, 1959. 1. EVIDENCE — DELIVERY OF LETTER, PRESUMPTION AND BURDEN OF PROOF. — Where a letter, properly and sufficiently addressed and properly stamped, was mailed, there is a presumption of fact, not of law, that the letter […]

GORENFLO v. BROWN. No. 5-2304 343 S.W.2d 564Supreme Court of Arkansas Opinion delivered March 6, 1961. 1. TRUSTS — RESULTING TRUSTS, APPLICATION OF STATUTE OF FRAUDS TO. — A resulting trust is not required to be in writing since Ark. Stats., 38-107 exempts resulting trusts from the operation of the statute of frauds. 2. TRUSTS […]

McGEHEE v. CUNNINGHAM. 25 S.W.2d 449Supreme Court of Arkansas Opinion delivered March 3, 1930. 1. EVIDENCE — WRITTEN CONTRACT — EXTRINSIC CIRCUMSTANCES. — Although correspondence between parties to a written contract preceding the execution thereof cannot be considered for the purpose of altering or varying the terms of a written contract, it may be considered […]

DOWDLE v. RANEY, COUNTY JUDGE. No. 4-6188 147 S.W.2d 42Supreme Court of Arkansas Opinion delivered February 3, 1941. 1. EMINENT DOMAIN — DAMAGES FOR APPROPRIATED PROPERTY. — The attempt by appellee to appropriate the land of appellants for highway purposes allowing damages in the sum of one and one-half times the assessed value thereof as […]

MOON v. GEORGIA STATE SAVINGS ASSOCIATION. No. 4-6022 142 S.W.2d 234Supreme Court of Arkansas. Opinion delivered July 8, 1940. 1. IMPROVEMENT DISTRICTS — FORECLOSURE OF LIENS — RIGHT OF COLLECTOR TO PURCHASE. — Appellant’s son-in-law was collector for a municipal improvement district. Appellant purchased from the district for $104.80 property admittedly worth $4,000. The agreement […]

H. P. MANUFACTURING Co., INC. v. HANSON No. 5-175 261 S.W.2d 800Supreme Court of Arkansas Opinion delivered November 2, 1953. 1. WAGES — STATUTORY PENALTY FOR FAILURE TO PAY. — Appellee, as mill foreman, to whom wages and a stock certificate were due, was enjoined from going upon the corporation’s property. It was known to […]

MISSOURI PACIFIC RAILROAD COMPANY, THOMPSON, TRUSTEE v. HATHCOCK. No. 4-5869 139 S.W.2d 35Supreme Court of Arkansas. Opinion delivered April 8, 1940. 1. RAILROADS — DUTY TO MAINTAIN BRIDGES AND TRESTLES. — The law requires that railroad companies shall use reasonable care to keep their bridges, trestles, and tracks in repair. An employee has a right […]

John Vernon WILSON v. CITY OF FAYETTEVILLE, Arkansas No. 91-290 835 S.W.2d 837Supreme Court of Arkansas Opinion delivered June 29, 1992 Supplemental Opinion on Rehearing November 2, 1992[*] [*] Hayes, Glaze and Brown, JJ., would deny rehearing. 1. CONSTITUTIONAL LAW — JUST COMPENSATION FOR A TAKING MEANS FULL COMPENSATION. — The Arkansas Constitution requires just […]