{
  "id": 1724108,
  "name": "Worth Ins. Co. v. Mrs. Tommy Patching and Helena National Bank",
  "name_abbreviation": "Worth Ins. v. Patching",
  "decision_date": "1966-12-12",
  "docket_number": "5-4003",
  "first_page": "620",
  "last_page": "622",
  "citations": [
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      "type": "official",
      "cite": "241 Ark. 620"
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      "cite": "410 S.W.2d 125"
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    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
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    "name": "Ark."
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      "cite": "151 S. W. 283",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
      "year": 1912,
      "opinion_index": 0
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    {
      "cite": "105 Ark. 324",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "year": 1912,
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    {
      "cite": "5 Ark. 399",
      "category": "reporters:state",
      "reporter": "Ark.",
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    {
      "cite": "10 Ark. 631",
      "category": "reporters:state",
      "reporter": "Ark.",
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    {
      "cite": "174 S. W. 1163",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
      "opinion_index": 0
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    {
      "cite": "117 Ark. 360",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "case_paths": [
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    {
      "cite": "205 Ark. 413",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1488268
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      "weight": 2,
      "year": 1943,
      "opinion_index": 0,
      "case_paths": [
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  "analysis": {
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    "char_count": 4139,
    "ocr_confidence": 0.52,
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  "last_updated": "2023-07-14T14:36:03.113111+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Worth Ins. Co. v. Mrs. Tommy Patching and Helena National Bank"
    ],
    "opinions": [
      {
        "text": "Osro Cobb, Justice.\nOn September 2, 1964 appellant \u25a0wrote and delivered its policy of insurance, including coverage of claims for collision damages, upon an automobile owned by appellee Mrs. Tommy Patching, and financed by appellee Helena State National Bank. On November 12, 1964 appellant elected to cancel the policy. Appellant allowed a credit for the unearned premium in its settlement of accounts for November with its general agent, Kidder Insurance Company, Inc. of Port Smith. Instead of remitting the premium refund to appellees, Kidder Insurance Company, Inc. remitted to an insurance agent, John Coates, who did not pay over the cancellation premium refund to appellees until August, 1965. In the meantime, on June 19, 1965, the insured car was involved in a collision, being damaged in the amount of $1,325.00, for which claim was asserted and suit subsequently filed.\nAppellant answered claiming delivery of the policy to John Coates in the capacity as agent for app\u00e9llees; that the policy had been cancelled and was not in effect, and that notice of loss was not given pursuant to the terms of the policy.\nAppellant moved for leave to file a cross-complaint against its general agent Kidder Insurance Company, Inc. praying judgment against the cross-defendant for any amount for which appellant he found liable to appellees. Appellees resisted the motion to bring in additional parties. We quote from appellees\u2019 responsive pleading:\n\u201cThat the subject matter of this action is in contract and the statutes of the State of Arkansas do not permit Third Party pleadings such as are being sought in this case. Petitioners state that their allegations are that they entered into a contract with the Defendant and are not a part of any contract or action between the Defendant and any of its agents or contractees.\u201d\n\u201cWHEREFORE, Plaintiffs pray that the motion for permission to file a cross complaint in this cause be denied, and for such further relief as they might he entitled in the premises.\u201d\nFollowing hearing the Court denied appellant\u2019s motion for leave to file the cross-complaint. It is from this action that the appeal has been prosecuted.\nNeither party has raised the question as to whether the order of the trial court is appealable. This question is jurisdictional and we reach it on our own motion in disposing of this case.\nUnder the statute we are limited to reviewing final judgment and decrees. Ark. Stat. Ann. \u00a7 27-2101 (Repl. 1962).\nIn Piercy v. Baldwin, 205 Ark. 413, 168 S. W. 2d 1110 (1943), we said:\n\u201c* * * The order from which this appeal comes is in no sense a final order, from which an appeal may be prosecuted. In effect, the order continues the cause during the military service of appellee, Luther Baldwin, and for three months thereafter. The cause has not been tried on its merits, but is still pending. In Harlow v. Mason, 117 Ark. 360, 174 S. W. 1163, this court quoting from an earlier case, said: \u2018A judgment to be final must dismiss the parties from the court, discharge them from the action or conclude their rights to the subject-matter in controversy. Bank of the State v. Bates, 10 Ark. 631; Campbell v. Sneed, 5 Ark. 399\u2019 \u201d.\nIn McPherson v. Consolidated Casualty Company, 105 Ark. 324, 151 S. W. 283 (1912), we said:\n\u201cCases can not be tried by piecemeal, and one can not delay the final adjudication of a cause by appealing from the separate orders of the court as the cause progresses. When a final order or judgment has been entered in the court below determining the relative rights and liabilities of the respective parties, an appeal may be taken, but not before * *\nFor analogous reasoning, see Searcy v. Cooper, 239 Ark. 280, 388 S. W. 2d 918 (1965); Arkansas State Highway Commission v. W. C. Kesner, et ux, 239 Ark. 270, 388 S. W. 2d 905 (1965).\nWe have concluded that the order of the trial court, here on review, is not appealable.\nThe appeal is dismissed.",
        "type": "majority",
        "author": "Osro Cobb, Justice."
      }
    ],
    "attorneys": [
      "N. M. Norton, for appellant.",
      "David Solomon, for' appellee."
    ],
    "corrections": "",
    "head_matter": "Worth Ins. Co. v. Mrs. Tommy Patching and Helena National Bank\n5-4003\n410 S. W. 2d 125\nOpinion delivered December 12, 1966\n[Rehearing denied January 30, 1967.]\nN. M. Norton, for appellant.\nDavid Solomon, for' appellee."
  },
  "file_name": "0620-01",
  "first_page_order": 642,
  "last_page_order": 644
}