{
  "id": 8719630,
  "name": "Sulphur Springs Recreational Park, Inc. v. City of Camden, Arkansas et al",
  "name_abbreviation": "Sulphur Springs Recreational Park, Inc. v. City of Camden",
  "decision_date": "1967-04-17",
  "docket_number": "5-4182",
  "first_page": "340",
  "last_page": "342",
  "citations": [
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      "cite": "242 Ark. 340"
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    {
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      "cite": "414 S.W.2d 113"
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    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
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      "cite": "103 S. W. 2d 349",
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    {
      "cite": "193 Ark. 874",
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  "last_updated": "2023-07-14T15:00:12.038660+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Sulphur Springs Recreational Park, Inc. v. City of Camden, Arkansas et al"
    ],
    "opinions": [
      {
        "text": "Paul , Ward, Justice.\nThis appeal comes from an Order of the Chancery Court refusing to strike portions of the defendant\u2019s answer.\nTo understand, the issue raised by appellant it is necessary to set out a summary of the facts and pleadings.\nSulphur Springs Recreational Park, Inc. (appellant) was organized for the purpose of constructing, building', maintaining, and operating a public recreational park and center for the use and benefit of citizens of the City of Camden and of Ouachita County. On January 14,1965 appellant filed a complaint in chancery'court'alleging: On; September 22, 1949 it obtained a twenty year lease on certain lands, and has spent $6,000 constructing buildings and improvements thereon; certain persons (named as defendants) have, in divers ways, taken over and appropriated to their own use a large portion of the leased lands \u2014 to appellant\u2019s damage in excess of $35,000. The prayer was for recovery of said damages. Appellees (City of Camden and six individuals) filed an answer on January 25, 1965 denying all material allegations in the complaint. They also pleaded forfeiture of the lease and the Statute of Limitations by laches and estoppel.\nOn February 15th appellant filed a \u201cMotion to strike Portions of Answer\u201d on the ground that the answer contained \u201caffirmative allegations\u201d and was not served on appellant as required by Ark. Stat. Ann. \u00a7\u00a7 27-361 and 27-362 (Supp. 1965).\nThe trial court overruled appellant\u2019s Motion to strike, holding appellees\u2019 answer was filed within the time provided by the statutes. The court also found that the case should be \u201cset for trial on the complaint and the apswer.\u201d Appellant excepted, and filed a notice of appeal to this Court.\nThe essence of appellant\u2019s point for a reversal is that the trial court erred in refusing \u201cto strike affirmative allegations of appellees \u2019 answer. \u2019 \u2019\nWe do not, and cannot, reach the merits of the issue attempted to be raised by appellant, because there is no final \u2018irder from which an appeal can be taken. \u25a0\nIn the early case of Cambell Et Al. v. Sneed, 5 Ark. 398 this Court said:\n\u201cConsequently, as from the transcript before us, no final adjudication of the circuit court, upon the matters in controversy between the parties, appears to have been made, the case must be regarded as still pending\u2019 for such adjudication in that court; and therefore, as this court has no jurisdiction over it, until such final adjudication is there made, this writ of error must be dismissed. \u2019 \u2019\nThe above rule has been many times affirmed and never overruled by this Court. See also Smith v. Amis, 193 Ark. 874 (p. 878) 103 S. W. 2d 349.\nThere can be no contention that there was a final order in this case. The Order of the trial court did not dismiss the cause of action, but, on the other, hand, it found that the case should be set for trial on its merits.. Moreover appellant, in its brief concedes that if there had been a trial appellees would have had the \u201cright of cross-examination of appellant\u2019s witnesses.\u201d\nThe case of Wicker v. Wicker, 223 Ark. 219, 265 S. W. 2d 6, reiterates the same rule. There we made this statement:\n\u201cAn appeal cannot be taken from an order of the chancery court which is not a final order. \u2019 \u2019\nIt therefore follows that appellant\u2019s appeal must be, and it is hereby, dismissed.",
        "type": "majority",
        "author": "Paul , Ward, Justice."
      }
    ],
    "attorneys": [
      "G. E. Snuggs, for appellant.",
      "Gauglum & Laney, for appellee."
    ],
    "corrections": "",
    "head_matter": "Sulphur Springs Recreational Park, Inc. v. City of Camden, Arkansas et al\n5-4182\n414 S. W. 2d 113\nOpinion delivered April 17, 1967\n[Rehearing denied May 22, 1067.]\nG. E. Snuggs, for appellant.\nGauglum & Laney, for appellee."
  },
  "file_name": "0340-01",
  "first_page_order": 362,
  "last_page_order": 364
}