Category: Arkansas Court Opinions

David COURTNEY v. FIRST NATIONAL BANK of Eastern Arkansas No. 89-248 780 S.W.2d 536Supreme Court of Arkansas Opinion delivered December 4, 1989 1. LIMITATION OF ACTIONS — WHEN CAUSE OF ACTION ACCRUES — WHEN STATUTE OF LIMITATIONS BEGINS TO RUN. — A cause of action accrues the moment the right to commence an action comes […]

Gilbert ROTTINGHAUS, Marie ROTTINGHAUS, Anna B. HOLEMAN and Clarence PETERO v. Billy HOLDER, County Clerk and Vurnece JONES, Assessor No. 76-297 550 S.W.2d 462Supreme Court of Arkansas (Division II) Opinion delivered May 16, 1977 1. TAXATION — ASSESSMENT OF PROPERTY — RIGHT OF PROPERTY OWNER TO CHALLENGE ASSESSMENT. — Ordinarily, an owner of property has […]

Melba Heston HOOD. Executrix v. Carl F. WELCH and WELCH MOTOR COMPANY No. 73-268 507 S.W.2d 503Supreme Court of Arkansas Opinion delivered April 8, 1974 [Rehearing denied May 6, 1974.] 1. EVIDENCE — ADMISSIONS DECLARATIONS — PURPOSES OF DEAD MAN’S STATUTE. — Purposes of the dead man’s statute, which applies only to statements and personal […]

UNITED TRANSPORTS, INC. v. JOHNSON. No. 4-8891 220 S.W.2d 814Supreme Court of Arkansas Opinion delivered May 30, 1949. 1. APPEAL AND ERROR. — In appellee’s action to recover damages for the loss of his automobile truck when forced off the highway, caught fire and was destroyed, held that in viewing the testimony the appellate court […]

CAGLE FABRICATING AND STEEL, INC. v. Roger D. PATTERSON No. CA 90-481 827 S.W.2d 660Court of Appeals of Arkansas Division II Opinion delivered February 12, 1992 Appellee’s Motion for Attorney’s Fee; granted. Wayne Harris, for appellant. Eldon F. Coffman, for appellee. PER CURIAM. Appellee’s motion for attorney’s fee is granted. MELVIN MAYFIELD, Judge, dissenting. The […]

John GREEN v. STATE of Arkansas No. CR 82-104 639 S.W.2d 512Supreme Court of Arkansas Opinion delivered October 4, 1982 1. APPEAL ERROR — PRINTED OR TYPEWRITTEN BRIEFS REQUIRED. — Supreme Court Rule 8 provides that all briefs on direct appeal must be printed or typed. 2. ATTORNEY CLIENT — RIGHT TO APPOINTED COUNSEL. — […]

LOWELL PERKINS AGENCY, INC. v. Velma J. JACOBS and Russell JACOBS No. 5-5576. 469 S.W.2d 89Supreme Court of Arkansas Opinion delivered June 21, 1971 [Rehearing denied August 9, 1971.] 1. CONTRACTS — RESCISSION CANCELLATION — MISTAKE BY ONE PARTY AS GROUND. — There can be no rescission of a contract on account of the mistake […]

Mark JONES, et ux. v. Barbara DAVIS, et al. No. 89-120 777 S.W.2d 582Supreme Court of Arkansas Opinion delivered October 9, 1989 1. AUTOMOBILE — DRIVER’S LICENSE APPLICATION — WHO SHOULD SIGN FOR MINOR. — Ark. Code Ann. 27-16-702(a)(1) (Supp. 1987) clearly requires that either parent, if living, sign a minor’s application for a driver’s […]

FRANCIS v. CITY OF BENTON No. 5-5198 402 S.W.2d 110Supreme Court of Arkansas Opinion delivered May 2, 1966 1. CRIMINAL LAW — TRIAL — EVIDENCE, ADMISSIBILITY OF PRIOR CONVICTIONS. — City attorney’s reference in opening statement to accused’s prior conviction, and introduction of evidence of prior convictions during trial on the primary charge of driving […]

Jonah Vaughn JONES v. STATE of Arkansas CR 03-1129 182 S.W.3d 485Supreme Court of Arkansas. Opinion delivered May 27, 2004 1. MOTIONS — TEST FOR MOTION FOR DIRECTED VERDICT — SUBSTANTIAL EVIDENCE DEFINED. — The supreme court treats a motion for directed verdict as a challenge to sufficiency of the evidence; the test for determining […]

272 S.W.3d 123 Garland Ray PHILLIPS v. STATE of Arkansas. No. CA CR 07-391.Court of Appeals of Arkansas. Opinion delivered January 23, 2008. CRIMINAL LAW — SENTENCING — FAILURE TO PAY FINES AND RESTITUTION — THE TRIAL COURT ERRED IN FAILING TO CONSIDER WHETHER APPELLANTS FAILURE TO PAY WAS EXCUSABLE. — The trial court erred […]

Wayne R. WILLIAMS v. Maupin CUMMINGS, Circuit Court Judge No. CR 74-44 508 S.W.2d 564Supreme Court of Arkansas Opinion delivered May 6, 1974 PROHIBITION — JURISDICTION, PROCEEDINGS RELIEF — Miller Circuit Court would be prohibited from entertaining jurisdiction in a prosecution for bribery where the Miller County amended information and the Clark County grand jury […]

ARKANSAS DEPARTMENT OF HEALTH, Sandra B. Nichols, M.D., Director, and Henry C. Robinson, Jr., Director and State Registrar, Division of Vital Records v. WESTARK CHRISTIAN ACTION COUNCIL, A Nonprofit Corporation 94-1264 892 S.W.2d 278Supreme Court of Arkansas Opinion delivered February 20, 1995 APPEAL ERROR — JOINDER GRANTED — JOINDER IN NAME ONLY — ISSUES NOT […]

Lawrence Shawn COCKEREL v. STATE of Arkansas No. CA CR 79-34 587 S.W.2d 596Court of Appeals of Arkansas Opinion delivered September 19, 1979 and released for publication October 10, 1979 1. CRIMINAL LAW — RETRIAL OF ACCUSED — MORE SEVERE SENTENCE NOT CONSTITUTIONALLY PROHIBITED UPON RECONVICTION. — An accused is not put in double jeopardy […]

CULP v. CULP. No. 4-7282 178 S.W.2d 52Supreme Court of Arkansas Opinion delivered February 28, 1944. 1. WILLS — STATUTES. — Section 14525 of Pope’s Digest providing that as to a child not mentioned in the will of the testator the testator shall be held to have died intestate as to that child does not […]