Clark v. Arkansas Democrat Co.
Cases that cite this one
12 later published cases cite this decision.
- Smith v. Walt Bennett Ford, Inc. (Ark. 1993)
- Tricou v. ACI Management, Inc. (Ark. Ct. App. 1992)
- Charleston School District No. 9 v. Sebastian County Board of Education (Ark. 1989)
- Hinkle v. Perry (Ark. 1988)
- Welter v. Curry (Ark. 1976)
- May v. Edwards (Ark. 1974)
- St. Louis Southwestern Railway Co. v. Jackson (Ark. 1969)
- Colbert v. State (Ark. 2001)
- DeVazier v. Whit Davis Lumber Company (Ark. 1974)
- Henson v. Government Employees Finance & Industrial Loan Corp. (Ark. 1974)
- Pettijohn v. Smith (Ark. 1973)
- Tri-State Insurance v. Busby (Ark. 1972)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The original opinion contains this language: “Under the holding in Terry Dairy, and reiterated in Cox, this case should be reversed, with directions to the trial court to ascertain the damages.” This phraseology could well be interpreted to mean that on retrial the only question to. be submitted to the jury is damages. This interpretation does not comport with our case law. We have a long line of cases which hold that on remand for trial of a law case it is tried de novo.
In the early pase of Harrison v. Trader and wife 29 Ark. 85 (1874), this court said, quoting with approval from an Alabama case:
“When a judgment is reversed, the rights of the parties are immediately restored to the same condition in which they were before its rendition; and the judgment is said to be mere waste paper. ’ ’
This holding was approved in Holt v. Gregory, et al, 222 Ark. 610, 260 S. W. 2d 459 (1953). Also, see Manzo v. Boulet, 220 Ark. 106, 246 S. W. 2d 126 (1952) ; Martin v. Street Improvement District No. 349, 180 Ark. 298, 21 S. W. 2d 430 (1929) ; and Westinghouse Credit Corp. v. First National Bank of Green Forest, et al, 241 Ark. 287, 407 S. W. 2d 388 (1966).
Rehearing denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.