construction rule (Arkansas) · Go Syfert
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construction rule in Arkansas

18 Arkansas opinions name it 3 courts 1913–2021 1 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Arkansas.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (29)

CaseCitedYears
Bank of Commerce v. Goolsby green
ark · 1917
2 sentences

1930To support the holding, the court quoted from Bank of Commerce v. Goolsby, 129 Ark. 416 , 196 S. W. 803 , the following: “'"When notes are taken in exchange for stock, it is a palpable violation of the constitutional provision, because notes are merely evidences of indebtedness, and such a transaction shows upon its face that the stock has not been paid for.

1930To support the holding, the court quoted from Bank of Commerce v. Goolsby, 129 Ark. 416 , 196 S. W. 803 , the following: “'"When notes are taken in exchange for stock, it is a palpable violation of the constitutional provision, because notes are merely evidences of indebtedness, and such a transaction shows upon its face that the stock has not been paid for.

21926–1930
In Re Adoption of Tompkins green
ark · 2000
2 sentences

2021In re Adoption of Tompkins, 341 Ark. 949, 951 , 20 S.W.3d 385 , 386 (2000).

2021In re Adoption of Tompkins, 341 Ark. 949, 951 , 20 S.W.3d 385 , 386 (2000).

12021–2021
Matlock v. Arkansas Blue Cross Blue Shield green
arkctapp · 2001
2 sentences

2006Wallace v. West Fraser South, Inc., 365 Ark. 68 , 225 S.W.3d 361 (2006) (citing Matlock v. Arkansas Blue Cross Blue Shield, 74 Ark.

2006Wallace v. West Fraser South, Inc., 365 Ark. 68 , 225 S.W.3d 361 (2006)(citing Matlock v. Arkansas Blue Cross Blue Shield, 74 Ark.App. 322 , 49 S.W.3d 126 (2001)).

12006–2006
Wallace v. West Fraser South, Inc. green
ark · 2006
2 sentences

2006Wallace v. West Fraser South, Inc., 365 Ark. 68 , 225 S.W.3d 361 (2006) (citing Matlock v. Arkansas Blue Cross Blue Shield, 74 Ark.

2006Wallace v. West Fraser South, Inc., 365 Ark. 68 , 225 S.W.3d 361 (2006) (citing Matlock v. Arkansas Blue Cross Blue Shield, 74 Ark.

12006–2006
Edens v. Superior Marble & Glass green
ark · 2001
2 sentences

2005Edens v. Superior Marble & Glass, 346 Ark. 487 , 58 S.W.3d 369 (2001); Wheeler Constr.

2005Edens v. Superior Marble & Glass, 346 Ark. 487 , 58 S.W.3d 369 (2001); Wheeler Constr.

12005–2005
Wilcox v. Safley green
ark · 1989
2 sentences

2003This arguably follows from the plain language of the statute ( see generally Wilcox v. Safley, 298 Ark. 159 , 766 S.W.2d 12 (1989), stating the well-established rule that legislative intent must be discerned from the language employed if a statute is clear and unambiguous on its face), particularly when read in light of the aforementioned liberal construction rule.

2003This arguably follows from the plain language of the statute ( see generally Wilcox v. Safley, 298 Ark. 159 , 766 S.W.2d 12 (1989), stating the well-established rule that legislative intent must be discerned from the language employed if a statute is clear and unambiguous on its face), particularly when read in light of the aforementioned liberal construction rule.

12003–2003
Hays v. Watson green
ark · 1971
2 sentences

1998Hays, 250 Ark. at 595 .

1998Hays, 250 Ark. at 595 , 466 S.W.2d 272 .

11998–1998
Sims v. Prescott Feed Mills, Inc. neutral
ark · 1985
1 sentence

1997We said that this construction of the rule is the “most certain mode of conveying actual notice to an absent defendant.” Id. at 23-24, 688 S.W.2d at 744 .

11997–1997
Application of Payne green
alaska · 1967
1 sentence

1979Appellant’s reliance upon Application of Payne, 430 P. 2d 566 (1967) is misplaced.

11979–1979
Purdy v. Livingston green
ark · 1977
2 sentences

1979Purdy v. Livingston, 262 Ark. 575 , 559 S.W.2d 24 (1977).

1979Purdy v. Livingston, 262 Ark. 575 , 559 S.W.2d 24 (1977).

11979–1979
Hickman v. Taylor green
scotus · 1947
2 sentences

1978Our recognition there that the legislature intended that the section be given a liberal construction under the rule of Hickman v. Taylor, 329 U.S. 495 , 67 S. Ct. 385 , 91 L.

1978Our recognition there that the legislature intended that the section be given a liberal construction under the rule of Hickman v. Taylor, 329 U.S. 495 , 67 S. Ct. 385 , 91 L.

11978–1978
Sutherland v. Arkansas Department of Insurance green
ark · 1971
2 sentences

1976Actually the Habitual Criminal Act imposes collateral consequences just as did the statutes involved in State Medical Board v. Rodgers, 190 Ark. 266 , 79 S.W. 2d 83 ; Tucker v. State, 248 Ark. 979 , 455 S.W. 2d 888 ; and Sutherland v. Arkansas Department of Insurance, 250 Ark. 903 , 467 S.W. 2d 724 .

1976Actually the Habitual Criminal Act imposes collateral consequences just as did the statutes involved in State Medical Board v. Rodgers, 190 Ark. 266 , 79 S.W. 2d 83 ; Tucker v. State, 248 Ark. 979 , 455 S.W. 2d 888 ; and Sutherland v. Arkansas Department of Insurance, 250 Ark. 903 , 467 S.W. 2d 724 .

11976–1976
Tucker v. State green
ark · 1970
2 sentences

1976Actually the Habitual Criminal Act imposes collateral consequences just as did the statutes involved in State Medical Board v. Rodgers, 190 Ark. 266 , 79 S.W. 2d 83 ; Tucker v. State, 248 Ark. 979 , 455 S.W. 2d 888 ; and Sutherland v. Arkansas Department of Insurance, 250 Ark. 903 , 467 S.W. 2d 724 .

1976Actually the Habitual Criminal Act imposes collateral consequences just as did the statutes involved in State Medical Board v. Rodgers, 190 Ark. 266 , 79 S.W. 2d 83 ; Tucker v. State, 248 Ark. 979 , 455 S.W. 2d 888 ; and Sutherland v. Arkansas Department of Insurance, 250 Ark. 903 , 467 S.W. 2d 724 .

11976–1976
State Medical Board v. Rodgers green
ark · 1935
2 sentences

1976Actually the Habitual Criminal Act imposes collateral consequences just as did the statutes involved in State Medical Board v. Rodgers, 190 Ark. 266 , 79 S.W. 2d 83 ; Tucker v. State, 248 Ark. 979 , 455 S.W. 2d 888 ; and Sutherland v. Arkansas Department of Insurance, 250 Ark. 903 , 467 S.W. 2d 724 .

1976Actually the Habitual Criminal Act imposes collateral consequences just as did the statutes involved in State Medical Board v. Rodgers, 190 Ark. 266 , 79 S.W. 2d 83 ; Tucker v. State, 248 Ark. 979 , 455 S.W. 2d 888 ; and Sutherland v. Arkansas Department of Insurance, 250 Ark. 903 , 467 S.W. 2d 724 .

11976–1976
Faust v. Little Rock School District green
ark · 1955
2 sentences

1971The latest reported Arkansas case squarely in point is Casebeer v. Beacon Realty, 248 Ark. 22 , where, after stating the strict construction rule, it is said, at page 26: ‘This doctrine was recognized by this court in Faust v. Little Rock School Dist., 224 Ark. 761 , 276 S. W. 2d 59 , wherein we said that where there is uncertainty in the language by which a grantor in a deed attempts to restrict the use of realty, freedom from restraint would be decreed.

1971The latest reported Arkansas case squarely in point is Casebeer v. Beacon Realty, 248 Ark. 22 , where, after stating the strict construction rule, it is said, at page 26: ‘This doctrine was recognized by this court in Faust v. Little Rock School Dist., 224 Ark. 761 , 276 S. W. 2d 59 , wherein we said that where there is uncertainty in the language by which a grantor in a deed attempts to restrict the use of realty, freedom from restraint would be decreed.

11971–1971
Casebeer v. Beacon Realty, Inc. green
ark · 1970
1 sentence

1971The latest reported Arkansas case squarely in point is Casebeer v. Beacon Realty, 248 Ark. 22 , where, after stating the strict construction rule, it is said, at page 26: ‘This doctrine was recognized by this court in Faust v. Little Rock School Dist., 224 Ark. 761 , 276 S. W. 2d 59 , wherein we said that where there is uncertainty in the language by which a grantor in a deed attempts to restrict the use of realty, freedom from restraint would be decreed.

11971–1971
Geisreiter v. Standard Lumber Company green
ark · 1933
2 sentences

1968Co., 187 Ark. 893 , 63 S. W. 2d 347 .

1968Co., 187 Ark. 893 , 63 S. W. 2d 347 .

11968–1968
Brown v. Turnage Hardware Co., Inc. green
ark · 1930
2 sentences

1968Among the cases which applied to the liberal construction rule or hold a substantial compliance with the statute is sufficient, are: Anderson v. Seamans, 49 Ark. 475 , 5 S. W. 799 ; Buckley v. Taylor, 51 Ark. 302 , 11 S. W. 281 ; Speer Hardware Co. v. Bruce, 105 Ark. 146 , 150 S. W. 403 ; Bruce Brown, v. Turnage Hardware, Inc., 181 Ark. 606 , 26 S. W. 2d 1114 ; and, Geisreiter v. Standard Lbr.

1968Among the cases which applied to the liberal construction rule or hold a substantial compliance with the statute is sufficient, are: Anderson v. Seamans, 49 Ark. 475 , 5 S. W. 799 ; Buckley v. Taylor, 51 Ark. 302 , 11 S. W. 281 ; Speer Hardware Co. v. Bruce, 105 Ark. 146 , 150 S. W. 403 ; Bruce Brown, v. Turnage Hardware, Inc., 181 Ark. 606 , 26 S. W. 2d 1114 ; and, Geisreiter v. Standard Lbr.

11968–1968
Anderson v. Seamans neutral
ark · 1887
1 sentence

1968Among the cases which applied to the liberal construction rule or hold a substantial compliance with the statute is sufficient, are: Anderson v. Seamans, 49 Ark. 475 , 5 S. W. 799 ; Buckley v. Taylor, 51 Ark. 302 , 11 S. W. 281 ; Speer Hardware Co. v. Bruce, 105 Ark. 146 , 150 S. W. 403 ; Bruce Brown, v. Turnage Hardware, Inc., 181 Ark. 606 , 26 S. W. 2d 1114 ; and, Geisreiter v. Standard Lbr.

11968–1968
Buckley v. Taylor neutral
ark · 1888
1 sentence

1968Among the cases which applied to the liberal construction rule or hold a substantial compliance with the statute is sufficient, are: Anderson v. Seamans, 49 Ark. 475 , 5 S. W. 799 ; Buckley v. Taylor, 51 Ark. 302 , 11 S. W. 281 ; Speer Hardware Co. v. Bruce, 105 Ark. 146 , 150 S. W. 403 ; Bruce Brown, v. Turnage Hardware, Inc., 181 Ark. 606 , 26 S. W. 2d 1114 ; and, Geisreiter v. Standard Lbr.

11968–1968
Speer Hardware Co. v. Bruce neutral
ark · 1912
2 sentences

1968Among the cases which applied to the liberal construction rule or hold a substantial compliance with the statute is sufficient, are: Anderson v. Seamans, 49 Ark. 475 , 5 S. W. 799 ; Buckley v. Taylor, 51 Ark. 302 , 11 S. W. 281 ; Speer Hardware Co. v. Bruce, 105 Ark. 146 , 150 S. W. 403 ; Bruce Brown, v. Turnage Hardware, Inc., 181 Ark. 606 , 26 S. W. 2d 1114 ; and, Geisreiter v. Standard Lbr.

1968Among the cases which applied to the liberal construction rule or hold a substantial compliance with the statute is sufficient, are: Anderson v. Seamans, 49 Ark. 475 , 5 S. W. 799 ; Buckley v. Taylor, 51 Ark. 302 , 11 S. W. 281 ; Speer Hardware Co. v. Bruce, 105 Ark. 146 , 150 S. W. 403 ; Bruce Brown, v. Turnage Hardware, Inc., 181 Ark. 606 , 26 S. W. 2d 1114 ; and, Geisreiter v. Standard Lbr.

11968–1968
Phillips' Committee v. Ward's Administrator green
kyctapphigh · 1931
2 sentences

1960Westbrook v. McDonald, 184 Ark. 740, 746 , 43 S. W. (2d) 356 , 43 S. W. (2d) 331 .” In this particular case there are sound reasons for applying the liberal construction rule.

1960Westbrook v. McDonald, 184 Ark. 740, 746 , 43 S.W.(2d) 356 , 43 S.W.(2d) 331 ." In this particular case there are sound reasons for applying the liberal construction rule.

11960–1960
Arkansas State Highway Commission v. Anderson green
ark · 1931
2 sentences

1960Westbrook v. McDonald, 184 Ark. 740, 746 , 43 S. W. (2d) 356 , 43 S. W. (2d) 331 .” In this particular case there are sound reasons for applying the liberal construction rule.

1960Westbrook v. McDonald, 184 Ark. 740, 746 , 43 S.W.(2d) 356 , 43 S.W.(2d) 331 ." In this particular case there are sound reasons for applying the liberal construction rule.

11960–1960
Westbrook v. McDonald green
ark · 1931
2 sentences

1960Westbrook v. McDonald, 184 Ark. 740, 746 , 43 S. W. (2d) 356 , 43 S. W. (2d) 331 .” In this particular case there are sound reasons for applying the liberal construction rule.

1960Westbrook v. McDonald, 184 Ark. 740, 746 , 43 S.W.(2d) 356 , 43 S.W.(2d) 331 ." In this particular case there are sound reasons for applying the liberal construction rule.

11960–1960
Bank of Dermott v. Measel neutral
ark · 1926
2 sentences

1930In the construction of this clause of the Constitution in Bank of Dermott v. Measel, 172 Ark. 193 , 287 S. W. 1017 , it was held that a note given to a private corporation for the purchase of stock in it is void.

1930In the construction of this clause of the Constitution in Bank of Dermott v. Measel, 172 Ark. 193 , 287 S. W. 1017 , it was held that a note given to a private corporation for the purchase of stock in it is void.

11930–1930
State ex rel. Collman v. Pitts green
ala · 1909
1 sentence

1929In the construction of this clause of the Constitution in State v. Pitts. 160 Ala. 133 , 49 So. 441 , 135 A.S.R. 79, it was held that a prohibition law which, in some of its major parts, applies to all of the State, does not lose its character as a general law because it retains in force local prohibition laws already in operation in some parts of the State.

11929–1929
Western Union Telegraph Co. v. Furlow neutral
ark · 1917
1 sentence

1926Bank of Commerce v. Goolsby, 129 Ark. 116 , 196 S. W. 803 .

11926–1926
Trentham v. Moore green
tenn · 1903
1 sentence

1922The clause under construction was as follows: “Shaving notes, accounts, judgments, or evidences of indebtedness is hereby classed and held to be dealing in securities.” In interpreting the clause as being applicable only to a business, in the case of Trentham v. Moore, 111 Tenn. 346 , Mr. Justice Weil said: “The words attempting to tax the exercise of a privilege where a business is not made of it are nugatory.

11922–1922
Adams Express Company v. Croninger green
scotus · 1912
1 sentence

1913The' limited liability bill of lading shows that the freight charge made was based upon a valuation of not to exceed $100 for each animal and although our decisions before the construction of such a clause, after the passage of the Carmack amendment to the Hepburn Act, by the Supreme Court of the United States, held it invalid, as an attempt to restrict and limit the liability of the carrier in case of an injury caused by it to live stock in transportation and prohibited by the terms of said amendment to the Hepburn Act, we now hold in conformity with the opinion of the Supreme Court of the Un

11913–1913

Where else courts name it

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Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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