Category: Arkansas Court Opinions

HILL CONSTRUCTION CO. and MAYES, SUDDERTH ETHERIDGE v. Mel BRAGG No. 86-191. 725 S.W.2d 538Supreme Court of Arkansas Opinion delivered March 9, 1987 [Rehearing denied April 13, 1987.] 1. NEGLIGENCE — INTERVENING EFFICIENT CAUSE — QUESTION FOR JURY. — The question of intervening efficient cause is simply a question whether the original act of negligence […]

RHINEHARDT v. LIGHT, JUDGE. No. 5-941 287 S.W.2d 463Supreme Court of Arkansas Opinion delivered February 27, 1956. PROCESS — CLERICAL ERROR — EFFECT OF AMENDMENT. — A clerical error, by which a summons to be served by the sheriff of Crittenden County was erroneously directed to the sheriff of Greene County, did not render the […]

Michael Anthony BENJAMIN v. STATE of Arkansas. No. CA CR 07-1230. 285 S.W.3d 264Court of Appeals of Arkansas. Opinion delivered May 28, 2008. 1. APPEAL ERROR — ARGUMENT NOT RAISED BELOW WAS NOT PRESERVED FOR REVIEW. — Appellant’s argument that the State failed to present evidence that he delivered a substance that has been placed […]

DELTA SCHOOL OF COMMERCE, INC., Delta School of Commerce Alexandria, Inc. d/b/a Delta Career College v. Lula HARRIS, Veronica Hicks, Joanne Holloway, Nawania Williams, Carolyn Harris, and Donna Smith No. 91-245 839 S.W.2d 203Supreme Court of Arkansas Opinion delivered October 19, 1992 1. DAMAGES — PUNITIVE DAMAGES — PURPOSE TO PUNISH. — One of the […]

Merril Lee CURRY v. STATE of Arkansas No. CR 80-142 634 S.W.2d 139Supreme Court of Arkansas Opinion delivered June 7, 1982 1. CRIMINAL PROCEDURE — PRESUMPTION THAT SENTENCE PRONOUNCED ACCORDING TO STATUTE. — In the absence of any showing to the contrary, it will be presumed that a sentence is pronounced according to the statutes. […]

STORTHZ v. FULLERTON. 48 S.W.2d 560Supreme Court of Arkansas Opinion delivered April 18, 1932. 1. APPEAL AND ERROR — SECOND APPEAL. — On a second appeal, the judgment on the former appeal becomes the law of the case, and is conclusive of every question of law or fact decided in the former suit or which […]

JIM FORK COAL COMPANY v. RHOTENBERRY. 35 S.W.2d 590Supreme Court of Arkansas Opinion delivered February 23, 1931. 1. WITNESSES — LEADING QUESTION. — A question whether an injured coal miner had requested props and timbers was not a leading question, as it did not suggest the answer. 2. APPEAL AND ERROR — HARMLESS ERROR. — […]

COUSINS v. STATE. No. 4207 151 S.W.2d 658Supreme Court of Arkansas Opinion delivered May 19, 1941. 1. CRIMINAL LAW — OVERDRAFTS. — The essence of the offense prohibited by 785a and 785b of Pope’s Digest is the drawing of a check or draft upon a bank by one who knows at the time that he […]

BRYANT v. BRYANT No. 5-2904 365 S.W.2d 140Supreme Court of Arkansas Opinion delivered February 25, 1963. 1. DIVORCE — GROUNDS — CORROBORATION OF TESTIMONY. — The Chancellor was correct in denying appellant a divorce where her evidence consisted of 3 isolated instances of alleged misconduct on the part of her husband; further, there was no […]

CHARLES v. LINCOLN CONSTRUCTION CO. No. 5-2754. 361 S.W.2d 1Supreme Court of Arkansas Opinion delivered October 1, 1962. [Rehearing denied November 5, 1962.] 1. WORKMEN’S COMPENSATION — LIABILITY OF SPECIAL EMPLOYER. — Where dual employment was involved in a workmen’s compensation test as to employer’s liability for the worker’s injury was whether or not as […]

MURPHY OIL USA, INC., Appellant, v. UNIGARD SECURITY INSURANCE COMPANY and Employers’ Surplus Lines Insurance Company, Appellees, Employers’ Surplus Lines Insurance Company, Cross-Appellant, Murphy Oil USA, Inc.; United States Fidelity Guaranty Company, Cross-Appellees 00-1408 61 S.W.3d 807Supreme Court of Arkansas. Opinion Delivered December 6, 2001 [Petition for rehearing denied January 10, 2002.] 1. Insurance — […]