Category: Arkansas Court Opinions

C. D. COTNER v. INTERNATIONAL HARVESTER Company No. 76-232 545 S.W.2d 627Supreme Court of Arkansas (Division II) Opinion delivered January 24, 1977 1. SALES — WARRANTIES, BREACH OF — NOTICE OF BREACH NECESSARY TO PRESERVE CAUSE OF ACTION. — In a suit seeking to recover damages, alleging breach of warranties of merchantability and of fitness […]

Roger WILLIAMS v. STATE of Arkansas No. CA CR 87-42 739 S.W.2d 174Court of Appeals of Arkansas Division I Opinion delivered November 11, 1987 1. JURY INSTRUCTIONS — TRIAL COURT NOT REQUIRED GIVE INSTRUCTIONS WHERE POINT IS SUFFICIENTLY COVERED BY ANOTHER INSTRUCTION — ENTRAPMENT AND DURESS INSTRUCTIONS ARE BASICALLY DIFFERENT. — Although the trial court […]

HANEY v. HOLT. 16 S.W.2d 463Supreme Court of Arkansas Opinion delivered April 22, 1929. 1. MORTGAGES — RECITAL OF PRIOR MORTGAGE. — A recital in a mortgage that it is subject to a prior mortgage is notice thereof, and the mortgagee takes subject to such prior mortgage, although it is unrecorded. 2. LIMITATION OF ACTIONS […]

Gary McJUNKIN TRUCKING COMPANY et al v. Sherri Jean BYARS No. 75-61. 525 S.W.2d 662Supreme Court of Arkansas Opinion delivered June 30, 1975 [Rehearing denied September 2, 1975.] 1. WORKMEN’S COMPENSATION — LUMP SUM AWARD, DENIAL OF — DISCRETION OF COMMISSION. — Commission held not to have abused its discretion in denying a lump sum […]

Andrew S. ROSS, Jr., Appellant v. STATE of Arkansas, Appellee CR 01-324 57 S.W.3d 152Supreme Court of Arkansas. Opinion Delivered October 11, 2001 1. Motions — directed verdict — challenge to sufficiency of evidence. — A motion for directed verdict is a challenge to the sufficiency of the evidence. 2. Evidence — sufficiency of — […]

218 S.W.3d 339 Tatum GANGI v. Jody EDMONDS. No. CA 04-831.Court of Appeals of Arkansas. Opinion delivered November 30, 2005. 1. PARENT CHILD — EVIDENCE DID NOT SUPPORT THE TRIAL COURT’S DECISION GRANTING THE FATHER’S PETITION TO CHANGE THE CHILD’S SURNAME. — The trial court erred in granting the father’s petition to change the child’s […]

DAVIS v. LAWHON. No. 4-2616 52 S.W.2d 887Supreme Court of Arkansas Opinion delivered June 27, 1932. 1. ABATEMENT AND REVIVAL — PENDENCY OF OTHER ACTION. — A mortgagee could foreclose a mortgage against several mortgagors in the county in which the mortgaged lands were situated and at the same time probate his claim against the […]

Robert BRADY v. STATE of Arkansas No. CR 76-205 548 S.W.2d 821Supreme Court of Arkansas (Division 1) Opinion delivered March 14, 1977 [Rehearing denied April 25, 1977.] 1. CRIMINAL LAW — PUNISHMENT — EVIDENCE IN AGGRAVATION OR MITIGATION, ADMISSIBILITY OF. — When the jury fixes the punishment for criminal offenses, evidence in aggravation or mitigation […]

Doug EDENS v. STATE of Arkansas No. CR 75-116. 528 S.W.2d 416Supreme Court of Arkansas Opinion delivered October 27, 1975 1. CRIMINAL LAW — PRIOR CONVICTIONS — ADMISSIBILITY Of EVIDENCE. — Objection to procedure adopted by the prosecuting attorney in presenting evidence of appellant’s prior convictions by calling the deputy sheriff as a witness and […]

Loraine SLEDGE v. Harry L. MEYERS and Bestline, Inc. No. 90-235 801 S.W.2d 650Supreme Court of Arkansas Opinion delivered January 14, 1991 1. EVIDENCE — TESTIMONY OF OFFICER AS TO POINT OF IMPACT ALLOWED. — Where an officer investigates a vehicle accident, observes sufficient relevant evidence such as skid marks, debris from the vehicles, position […]

BENTON v. PHILLIPS. No. 4-4067 88 S.W.2d 828Supreme Court of Arkansas. Opinion delivered December 9, 1935. 1. MUNICIPAL CORPORATIONS — ZONING ORDINANCE. — Acts 1929, No. 108, requiring cities of the first and second class to file the plan of a zoning ordinance with all maps, plats, charts and descriptive matter with the city clerk […]