Arnold v. State ex rel. Burton
| Decision Date | 11 February 1952 |
| Docket Number | No. 4-9674,4-9674 |
| Citation | 220 Ark. 25,245 S.W.2d 818 |
| Parties | ARNOLD et al. v. STATE ex rel. BURTON |
| Court | Arkansas Supreme Court |
Shelby C. Ferguson, Ash Flat, Chas. F. Cole, Batesville, for appellants.
Northcutt & Northcutt, Salem, for appellee.
This is a suit for false imprisonment brought by the appellee, L. V. Burton, against Naldo Arnold, a former sheriff of Sharp County, and the surety on his official bond. Trial before a jury resulted in a verdict for $1,500 compensatory damages and $100 punitive damages.
Burton proved by several witnesses that on the evening of November 5, 1949, he was sitting in a cafe in the city of Hardy. Arnold, visibly intoxicated, entered the cafe and sat down near Burton. When Burton offered a light for Arnold's cigarette the sheriff cursed him, displayed his badge, leveled his pistol at Burton, and after some exchange of words arrested Burton and took him to jail. In about an hour and a half Burton was released at the suggestion of a deputy sheriff. No charges were ever preferred against him. Arnold's evidence was to the effect that he had had only two drinks and had cause to believe that Burton had stolen some tools, but the jury evidently concluded that the arrest and imprisonment were wholly without cause and attributable only to Arnold's intoxication.
Arnold complains of the trial court's refusal to grant a continuance owing to the absence of two witnesses for whom Arnold had obtained subpoenas two weeks before the trial. The motion for a continuance was properly denied. As to one of the absent witnesses the motion merely stated that this witness would testify that he was present when the arrest was made. That bare fact had nothing to do with the issues in the case. As to the other witness no diligence on Arnold's part is shown by the motion. The proof heard on the motion shows that this witness had been out of the State for from three to nine months before the date of trial. Arnold fails to show that he made any effort to find the witness and take his depositon.
It is argued that the court erred in submitting the matter of punitive damages to the jury, since the record discloses that at the close of the plaintiff's proof the court sustained a motion to dismiss the complaint as to such damages. It may be inferred that the court intended to dismiss as to the surety alone, as the motion referred to the defendant instead of the defendants. But even accepting the appellants'...
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Southern Farm Bureau Cas. Ins. Co. v. Daniel, 5--4903
...loss--i.e. a calculated risk of doing business. It has been suggested that our decision herein should be controlled by Arnold v. State, 220 Ark. 25, 245 S.W.2d 818 (1952), wherein we held that a surety on a sheriff's bond was not liable for punitive damages. We find that this case is not co......
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Hill v. State, CR
... ... Arnold, Sheriff v. State, ex rel Burton, 220 Ark. 25, 245 S.W.2d 818 (1952); Nance v. Flaugh, 221 Ark ... ...
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Looney v. Looney
...v. Flaugh, 221 Ark. 352, 253 S.W.2d 207 (1952) (judge changed mind on submitting issue of liability to the jury); Arnold v. State, 220 Ark. 25, 245 S.W.2d 818 (1952) (judge changed mind on submitting issue of punitive damages to jury). We have no doubt that Chancellor Van Ausdall also was a......