Category: Arkansas Court Opinions

Jeffrey David HAWK v. STATE of Arkansas No. CA CR 91-102 826 S.W.2d 824Court of Appeals of Arkansas Division I Opinion delivered March 25, 1992 1. SEARCH SEIZURE — PROBABLE CAUSE FOR WARRANT — TOTALITY OF THE CIRCUMSTANCES TEST. — Under the totality of the circumstances test, a warrant is issued based upon a practical, […]

Kenneth GLOVER v. Paula Glover LANGFORD CA 94-6 894 S.W.2d 959Court of Appeals of Arkansas Division I Opinion delivered March 22, 1995 1. APPEAL ERROR — NOTICE OF APPEAL FILED BEFORE DISPOSITION OF POST-TRIAL MOTION WAS INEFFECTIVE. — The appellant’s first notice of appeal, filed as it was prior to the disposition of the post-trial […]

BURTON v. DRAINAGE DISTRICT NO. 7 OF POINSETT COUNTY. No. 4-2905 58 S.W.2d 935Supreme Court of Arkansas. Opinion delivered April 10, 1933. COMPROMISE AND SETTLEMENT — CONCLUSIVENESS. — Where plaintiffs, after suing for damages to his land caused by a drainage district’s floodway, authorized the dismissal of a suit upon the district’s agreement to complete […]

Dan WALLACE and Loc Sec KUI d/b/a SARG’S TRUCK STOP v. Albert DUSTIN No. 84-185 681 S.W.2d 375Supreme Court of Arkansas Opinion delivered December 21, 1984 1. DAMAGES — PUNITIVE DAMAGES — WHEN JUSTIFIED. — An award of punitive damages is justified only where the evidence indicates that the defendant acted wantonly in causing the […]

CAPITAL TRANSPORTATION COMPANY v. HOWARD No. 4-9164 229 S.W.2d 998Supreme Court of Arkansas Opinion delivered May 22, 1950. 1. CARRIERS — CARE REQUIRED. — In appellee’s action to recover damages for injuries sustained when she fell in the aisle of appellant’s trolley bus alleging that her injury was the result of a sudden jerk or […]

MISSOURI PACIFIC RAILROAD COMPANY, THOMPSON, TRUSTEE, v. THE H. ROUW COMPANY. No. 4-6453 155 S.W.2d 693Supreme Court of Arkansas Opinion delivered November 3, 1941. 1. CARRIERS — PERISHABLE FREIGHT. — In appellee’s action to recover damages to strawberries which had been delivered to appellant for transportation it became, under the evidence, immaterial whether the action […]

Tommy McINTOSH, Charles Marvin Hayes, and Maurice Crawford v. STATE of Arkansas No. CR 88-10 753 S.W.2d 273Supreme Court of Arkansas Opinion delivered July 11, 1988 [Rehearing denied September 12, 1988.] 1. APPEAL ERROR — FACTS — STATED IN LIGHT MOST FAVORABLE TO THE APPELLEE. — The practice on appellate review is to state the […]

CITY OF FORT SMITH, Arkansas v. Charley FRANCE et al No. 5-5452. 465 S.W.2d 315Supreme Court of Arkansas Opinion delivered March 29, 1971 [Rehearing denied May 3, 1971.] 1. ADVERSE POSSESSION — CHANCELLOR’S FINDINGS — SUFFICIENCY OF EVIDENCE. — Chancellor’s findings that primary defendant and his grantees held and used the property in question openly, […]

Bruce KUCHMAS v. Deborah KUCHMAS. No. 06-92. 243 S.W.3d 270Supreme Court of Arkansas. Opinion delivered November 16, 2006. 1. DIVORCE — ALIMONY — APPELLANT FOUND ABLE TO AFFORD AMOUNT OF ALIMONY AWARDED. — Where appellant asserted that he did not have the ability to pay alimony and the award of alimony was therefore an abuse […]

Delbert W. HARRISON v. STATE of Arkansas No. CR 89-150 779 S.W.2d 536Supreme Court of Arkansas Opinion delivered November 20, 1989 APPEAL ERROR — FLAGRANTLY DEFICIENT ABSTRACT — JUDGMENT MUST BE AFFIRMED. — When an abstract is flagrantly deficient the judgment must be affirmed for failure to comply with Rule 9(e) (2) of the Rules […]

SPARLING v. REFUNDING BOARD DENISON v. WISEMAN RODGERS v. WISEMAN LOWDEN v. WISEMAN Nos. 4-3496, 4-3504, 4-3505, 4-3512 71 S.W.2d 182Supreme Court of Arkansas. Opinion delivered April 30, 1934. 1. OFFICERS — HOLDING MORE THAN ONE OFFICE. — Act 11 of 1934, Ex. Session, No. 11, creating a Refunding Board composed of the Governor, Lieutenant […]