Belford v. Taylor

4 Citing cases

  1. Goodwin v. Harrison

    300 Ark. 474 (Ark. 1990)   Cited 38 times
    Finding that appellant's actions were consistent with an implied agreement between the parties that depositions would not be used as evidence at trial; thus, appellant had waived the literal wording of Ark. R. Civ. P. 32

    The question is not in what county did appellee reside for the longest period of time, but at the time he was injured. Finally, the cases of Murry v. Maner, 230 Ark. 132, 320 S.W.2d 940 (1959), and Belford v. Taylor, 241 Ark. 220, 406 S.W.2d 868 (1966), are not of significance because both cases came up as petitions for prohibition. We explained that where venue is at issue there normally is a question of fact, and prohibition is not the proper remedy when the trial court's authority to act depends upon a disputed question of fact.

  2. Desoto Gathering Co. v. Ramsey

    2016 Ark. 22 (Ark. 2016)   Cited 3 times

    2d 828 (1977) (granting the writ where application of the venue statute to a foreign corporation was deemed unconstitutional); Willis Shaw Frozen Express v. Digby, 260 Ark. 284, 538 S.W.2d 706 (1976) (granting the writ where venue was improper); Carney v. Cummings, 258 Ark. 362, 524 S.W.2d 623 (1975) (granting the writ because venue was not proper); Forrest City Mach. Works, Inc. v. Colvin, 257 Ark. 889, 521 S.W.2d 206 (1975) (denying the writ because venue was proper); Doyle v. Williams, 251 Ark. 797, 475 S.W.2d 170 (1972) (granting the writ where venue was improper); Sw. Bell Tel. Co. v. Roberts, 246 Ark. 864, 440 S.W.2d 208 (1969) (granting the writ where venue was not proper); Ark. Valley Indus., Inc. v. Roberts, 244 Ark. 432, 425 S.W.2d 298 (1968) (granting the writ where venue was wrongly placed); Evans Labs., Inc. v. Roberts, 243 Ark. 987, 423 S.W.2d 271 (1968) (granting the writ where venue was improper); Int'l Harvester, supra (granting the writ because venue was not proper); Belford v. Taylor, 241 Ark. 220, 406 S.W.2d 868 (1966) (denying the writ where the resolution of the venue question depended on disputed facts); Murry v. Circuit Court of Saline Cnty., 230 Ark. 132, 320 S.W.2d 940 (1959) (same); Nw. Motors, Inc. v. Creekmore, 229 Ark. 755, 318 S.W.2d 614 (1958) (granting the writ for improper venue); Hicks v. Wolfe, 228 Ark. 406, 307 S.W.2d 784 (1957) (granting the writ where venue was not proper); Coley, supra (denying the writ because resolving the venue issue depended on disputed facts); Se. Constr. Co. v. Wood, 223 Ark. 325, 265 S.W.2d 720 (1954) (denying the writ because venue was proper); Se. Constr. Co. v. Wood, 223 Ark. 328, 265 S.W.2d 722 (1954) (same); Am. Republic Life Ins. Co. v. Cummings, 218 Ark. 888, 239 S.W.2d 10 (1951) (granting the writ where venue was improper); E. Tex. Motor Freight Lines, Inc. v. Wood, 218 Ark. 211, 235 S.W.2d 882 (1951) (denying the writ because venue was proper); Sims v. Toler, 214 Ark. 732, 217 S.W.2d 928 (1949) (granting the writ where venue was not proper); Twin

  3. Wade v. State

    571 S.W.2d 231 (Ark. 1978)   Cited 15 times
    In Wade v. State, 264 Ark. 320, 571 S.W.2d 231 (1978), the rules were interpreted to mean that a defendant incarcerated in the state penitentiary would receive a speedy trial if he is tried before the end of the third full term of court.

    Ark. State Highway Comm'n v. Roberts, 248 Ark. 1005, 455 S.W.2d 125 (1970) and Karraz v. Taylor, Judge, 259 Ark. 699, 535 S.W.2d 840 (1976). Prohibition is not a proper remedy when the jurisdiction of the trial court depends on a disputed question of fact. Belford v. Taylor, 241 Ark. 220, 406 S.W.2d 868 (1966). Criminal Procedure Rule 28.1(a) provides:

  4. Mack Trucks Inc. v. Jet Asphalt Rock

    246 Ark. 101 (Ark. 1969)   Cited 33 times

    Generally, where venue is questioned, there must be a determination on the facts. Belford v. Taylor, 241 Ark. 220, 406 S.W.2d 868. Unless the pleadings on their face show that an action was commenced in the wrong county, a defendant objecting to the venue has the burden of proving the essential facts. 92 C.J.S. 772, 74; Tribune Company v. Approved Personnel, Inc., 115 So.2d 170 (Fla. 1959); Cohen Commodity Credit Corp., 172 F. Supp. 803 (W.D. Ark. 1959); Werner v. Braunstein, 20 Misc. 341, 45 N.Y.S. 757. Since appellants failed to offer any evidence on these critical points, and the record is silent otherwise, we find no merit in this contention.