Case law

Tucker v. Lake View School District No. 25

323 Ark. 693 · Supreme Court of Arkansas · Mar 11, 1996

The Commentary to the Declaratory Judgment Act supports this notion: The Declaratory Judgment may be either affirmative or negative in form and effect; it may determine some right, privilege, power or immunity in the plaintiff … And since government must go on, and some period of time will be needed to establish another statutory system, obligations hereafter incurred pursuant to existing statutes will be valid in accordance with the terms of the

Chalmers v. Toyota Motor Sales, USA, Inc.

326 Ark. 895 · Supreme Court of Arkansas · Dec 16, 1996

These letters clearly show that the alleged wrong occurred at least six years prior to the filing of the complaint in 1993. … As the evidence clearly shows, the wrongful acts which the Chalmers complain of began in the early to mid 1980s. 2. Unfair Practices Act.

McCoy v. State

347 Ark. 913 · Supreme Court of Arkansas · Mar 14, 2002

This statute is clearly written in the disjunctive, connected with the term “or,” and provides three distinct ways in which an offense may qualify as a lesser-included offense. … The holding in Byrd is clearly limited to the situation where the perpetrator is charged with first-degree murder by knowingly causing the death of a person fourteen years old or younger.

Tucker v. Yell

25 Ark. 420 · Supreme Court of Arkansas · Jun 15, 1869

This last definition, if not some of the others, is clearly too broad in terms, and seems to require a more absolute and complete disposition of all the matters before the court than can legitimately be claimed under our … ’ties before the coux’t, as a necessity to a final decree, upon cex'tain particular conceded or established rights, either in or springing out of the matters befox’e the court.

Arkansas State Highway Commission v. Johnson

300 Ark. 454 · Supreme Court of Arkansas · Nov 20, 1989

The qualifying adverb (“ordinarily”) appearing in the quoted passage clearly alludes to the exception to the rule, i.e., that the amount of the deposit may become admissible for impeachment purposes where an appraiser who … provided the figure used in establishing the amount of the deposit testifies at trial to a lesser figure.

Pledger v. Illinois Tool Works, Inc.

306 Ark. 134 · Supreme Court of Arkansas · Jun 24, 1991

As we noted previously, all "business income" is apportioned to this state using an established formula. Ark.Code Ann. § 26-51-709 (1987). … Further, the record also clearly supports the chancellor's finding that ITW's capital gains from the redemption of U.S.

Bank of America, N.A. v. C.D. Smith Motor Co.

353 Ark. 228 · Supreme Court of Arkansas · May 22, 2003

Smith clearly showed that it and the Bank had been engaging in these collection practices for twenty years, and C.D. … In fact, the parties’ November 12, 1996, agreement very clearly establishes Smith as the “Borrower,” and the Bank had full recourse against C.D. Smith as guarantor if an account debtor defaulted on his or her debt.

Walker v. Grant County Savings and Loan Ass'n

304 Ark. 571 · Supreme Court of Arkansas · Feb 18, 1991

The only writing that even arguably could qualify is a list of equipment and prices signed by the parties on September 8, 1988. … Nevertheless, the savings and loan clearly discussed the sale of collateral with the Walkers.

Travelers Insurance Co. v. McCluskey

252 Ark. 1045 · Supreme Court of Arkansas · Jul 10, 1972

. § 81-1340 (a) and (b), relates to restoration or vindication of a right existing in a person by the formal judgment or decree of a competent court, at his instance and suit, unless specifically qualified by accompanying … We could not say that this evidence established an estoppel as a matter of law Appellant advocated a theory upon oral argument not theretofore advanced at any stage of the proceeding.

Austin v. Centerpoint Energy Arkla

365 Ark. 138 · Supreme Court of Arkansas · Feb 2, 2006

The PSC’s proposed Policy allowed qualifying customers to reconnect their natural gas service under certain conditions. … The PSC’s jurisdiction and adjudicative authority are established in Ark.

Van Buren School District v. Jones

365 Ark. 610 · Supreme Court of Arkansas · Mar 16, 2006

This court’s case law establishes that this requirement be case specific. See id. … There are clearly common issues in this case, the most critical being what comprises a school day under the teacher contracts.

City of Jacksonville v. Smith

540 S.W.3d 661 · Supreme Court of Arkansas · Mar 15, 2018

We conclude that Herweg's conviction of giving a false report to a police officer is a crime of dishonesty committed with the intent to deceive and, as such, qualifies as an "infamous crime" under article 5, section 9 of … Smith is likely to succeed on the merits of her petition is clearly erroneous. I would reverse *673 and dismiss the preliminary injunction. I respectfully dissent.

Files v. Hill

268 Ark. 106 · Supreme Court of Arkansas · Feb 25, 1980

Files made the following allegations in his amended and substituted complaint: Munson was the Democratic candidate and Files a duly qualified write-in candidate for Chancellor of District 6, Position 1. … He argues that this constitutional provision is self-executing and that, in the absence of legislative action to establish a procedure for enforcement of the rights established, the court may proceed according to the common

Engram v. State

360 Ark. 140 · Supreme Court of Arkansas · Dec 16, 2004

Our court directed that Engram’s motion be submitted as a case, and a briefing schedule was established. … Clearly, had he wanted to raise the mental retardation issue before, he would have.

Martin v. State

163 Ark. 103 · Supreme Court of Arkansas · Mar 3, 1924

Nor is it required that each circumstance tending to establish the guilt of the accused shall be established beyond a reasonable doubt before taking the part of it so established into account in making up the verdict. • In … Those cases clearly establish the law of this court, that courts of justice are invested with the authority to discharge a jury from giving any verdict, whenever, in their opinion, taking all the •circumstances into consideration

Dixon v. State

310 Ark. 460 · Supreme Court of Arkansas · Sep 28, 1992

Evans’s statements were clearly within the scope of Rule 801. … On the merits, the chain of custody with respect to State’s Exhibit #1 was sufficiently established.

White v. State

367 Ark. 595 · Supreme Court of Arkansas · Dec 14, 2006

Here, this evidence of appellant’s arousal while watching his girls perform a dance routine demonstrates a “particular proclivity” toward young girls, particularly his two daughters, thereby establishing the “intimate relationship … Whether a witness qualifies as an expert in a particular field is a matter within the trial court’s discretion, and we will not reverse such a decision absent an abuse of that discretion. Jackson v.

Wylie v. Wylie

249 Ark. 316 · Supreme Court of Arkansas · Nov 2, 1970

We do not agree that there is merit in this argument for we find nothing in her education or business qualifications that would qualify her to make a determination of the value of the Wylie properties, even if she had full … It was also established that during the marriage, large gifts of cash were made to relatives, but no checks were given for these amounts, thus clearly supporting appellee’s contention that Mr.

Stehle v. Zimmerebner

497 S.W.3d 188 · Supreme Court of Arkansas · Jun 30, 2016

As is evident, what may or may not qualify as a “proper effort” is left entirely to the subjective opinion of the circuit court. … Stehle in civil contempt and ordering her conditional incarceration was not clearly against the preponderance of the evidence. See Omni Holding & Dev.

Bagley v. Castile

42 Ark. 77 · Supreme Court of Arkansas · Nov 15, 1883

It is contended, in support of the demurrers, that the object of the act is clearly indicated in the title, and that it contemplated redemption alone, and not a sale. … But it is directly in point to establish two principles of judicial construction of the vague revenue powers of the legislative body.