Beavers v. Security Mut. Ins. Co.

• Decision Date: 24 June 1905
• Citation: 88 S.W. 848
• Parties: BEAVERS v. SECURITY MUT. INS. CO.
• Court: Arkansas Supreme Court

88 S.W. 848

BEAVERS v.SECURITY MUT. INS. CO.

Supreme Court of Arkansas.

June 24, 1905.

Appeal from Circuit Court, Yell County; William L. Morse, Judge.

Action by one Beavers against the Security Mutual Insurance Company.On motion to dismiss.Denied on condition of filing additional abstract.

R. C. Bullock, for appellant.Murphy & Mehaffy, for appellee.

HILL, C. J.

This case is set for July 10th, and appellant filed abstract and brief in apt time, and the appellee, instead of filing its abstract and brief, has invoked the ruling of the court on the sufficiency of the abstract of appellant in a motion to dismiss for noncompliance with rule 9.The court cannot take time to read the record and briefs in advance of submission to settle questions determinable in the trial, and confines its ruling to the matters appearing in the motion and response thereto.The appellee says that the five witnesses testified for appellant on material issues and nineteen testified on behalf of appellee, and that the testimony is material and bearing on the issues, and that brought out by appellee on cross-examination of appellant's witnesses goes to sustain the verdict and justify the instructions, and that appellant omits this testimony and all reference to it except an excerpt from appellant's testimony.The appellant responds that he has abstracted the pleadings and all other matters in the record necessary to a full understanding of all questions presented to the court.It appears that the instructions of the trial court are the matters here complained of, and appellant, having set them forth fully, says this testimony is immaterial, and most of it was brought out by appellee, and that it is its duty to abstract its own...