Category: Arkansas Court Opinions

308 S.W.3d 142 John H. BAYIRD, as administrator for the Estate of Mamie Elliott, Deceased, Appellant, v. William FLOYD, Appellee 08-1099Supreme Court of Arkansas. Opinion Delivered May 1, 2009 Appeal from the Drew County Circuit Court, No. CV-2007-0062-4, Hon. Don Edward Glover, Judge, Rebriefing Ordered. PER CURIAM. Appellant John H. Bayird, as Administrator for the […]

I. E. MOORE v. FIRST NATIONAL BANK OF HOT SPRINGS No. CA 81-88 623 S.W.2d 530Court of Appeals of Arkansas Opinion delivered November 4, 1981 [Rehearing denied December 2, 1981.] 1. GUARANTY — GUARANTOR ENTITLED TO STRICT CONSTRUCTION OF CONTRACT. — A guarantor is entitled to have his undertaking strictly construed, and he cannot be […]

DEPOSIT GUARANTY NATIONAL BANK v. RIVER VALLEY CO., INC. ET AL No. 5-4971. 444 S.W.2d 880Supreme Court of Arkansas Opinion delivered September 29, 1969 1. APPEAL ERROR — MOTION FOR SUMMARY JUDGMENT, DENIAL. OF — REVIEW. — Denial of a motion for summary judgment is not reviewable when followed by a trial on `the merits. […]

William OWENS v. STATE of Arkansas 705 S.W.2d 892Supreme Court of Arkansas Opinion delivered March 31, 1986 APPEAL ERROR — MOTION FOR RULE ON THE CLERK — GOOD CAUSE FOR GRANTING. — An admission by an attorney for a criminal defendant that the record was tendered late due to a mistake on his part was […]

NATIONS v. BARNETT. No. 5-2374 345 S.W.2d 368Supreme Court of Arkansas Opinion delivered April 17, 1961. 1. EJECTMENT — RIGHT TO MAINTAIN ACTION IN. — Where the plaintiff held a tax deed to the property and proved that he had paid taxes since the date of the deed, the plaintiff had prima facie title which […]

IN the MATTER of the ESTATE OF J.I. SEAY, Sr., Deceased; In the Matter of the Estate of Hilma R. Seay, Deceased; George L. Seay, et al. v. Helen Quinn, et al. 99-538 989 S.W.2d 913Supreme Court of Arkansas Opinion delivered May 13, 1999 1. JUDGES — ASSIGNMENT — PARTIES’ OR TRIAL COURT’S RESPONSIBILITY TO […]

Elizabeth SHIPP v. Justin FRANKLIN. No. 07-22. 258 S.W.3d 744Supreme Court of Arkansas. Opinion delivered June 14, 2007. APPEAL ERROR — MOOTNESS — LITIGATION WAS RESOLVED AS TO NAMED PARTIES — NEITHER PARTY STOOD TO GAIN OR LOSE FINANCIALLY — SUPREME COURT DECLINED TO ADDRESS ARGUMENT ON GROUNDS OF MOOTNESS. — The supreme court’s review […]

MISSOURI PACIFIC RAILROAD COMPANY v. HALL. No. 4-2679 53 S.W.2d 432Supreme Court of Arkansas Opinion delivered October 17, 1932. 1. CARRIERS — INJURY TO PASSENGER — JURY QUESTION. — in an action against a railroad for an injury alleged to have caused a miscarriage, whether the injury proximately caused the miscarriage held for the jury. […]

JONES v. THE KANSAS CITY SOUTHERN RAILWAY COMPANY. No. 4-6106 145 S.W.2d 969Supreme Court of Arkansas Opinion delivered December 9, 1940. 1. MASTER AND SERVANT — INSTRUCTIONS. — In appellant’s action to recover damages to compensate injuries sustained when he, with others, was engaged in loading rails weighing 800 or 900 pounds each and, at […]

Fred KULBETH, Special Administrator of the Estate of Ivan C. Wright v. Pearl PURDOM and Bank of Rector, Rector, Arkansas No. 91-29 805 S.W.2d 622Supreme Court of Arkansas Opinion delivered March 18, 1991 1. MOTIONS — BURDEN OF OBTAINING A RULING — FAILURE TO OBTAIN RULING — EFFECT ON APPEAL. — The burden of obtaining […]

Johnnie MANN v. Jessie ORRELL, d/b/a the Centerfold Club, Centerfold Entertainment Club, Inc., and Paul Maummar 95-680 912 S.W.2d 1Supreme Court of Arkansas Opinion delivered December 11, 1995 1. MOTIONS — ORDER GRANTING MOTION TO DISMISS — FACTORS ON REVIEW. — Where the appellate court reviews an order granting a motion to dismiss, it treats […]

Dr. Kern E. CHESTER v. ARKANSAS STATE BOARD OF CHIROPRACTIC EXAMINERS No. 5-4690. 435 S.W.2d 100Supreme Court of Arkansas Opinion Delivered December 23, 1968 1. SUNDAY — JUDICIAL OFFICIAL ACTS PROCEEDINGS. — Under common law as adopted in Arkansas, Sunday was dies non juridicus, except for performance of purely ministerial acts. 2. SUNDAY — JUDICIAL […]

KIRK v. JONES. 12 S.W.2d 879Supreme Court of Arkansas Opinion delivered December 10, 1928. 1. INFANTS — JURISDICTION OF CHANCERY. — Minors are the wards of chancery courts, and it is the duty of such courts to make any orders that would properly safeguard the rights of minors. 2. PARENT AND CHILD — JURISDICTION OF […]