ETTER v. BINZ

No. CA 80-161.

605 S.W.2d 488 (1980)

Frank ETTER et ux., Appellants, v. Joe BINZ, Joe Kennedy, Bruce Jacobs, Alvin Long, Carl Carter, and Lee Roy Carter, Appellees.

Court of Appeals of Arkansas.

September 24, 1980.


Attorney(s) appearing for the Case

Robert R. Cloar, Fort Smith, for appellants.

Toni S. Nolan, Warner & Smith by L. Cody Hayes, Fort Smith, for appellees.


WRIGHT, Chief Judge.

The six appellees were each awarded judgment and lien foreclosure for labor performed in the construction of a house for appellants. The aggregate amount of the judgment is $1825.12, and appellants bring this appeal.

Appellees Lee Roy Carter and Alvin Long did not appear and testify at the trial, and appellants contend the court erred in denying appellants' motion to dismiss as to the two absent plaintiffs at the close of plaintiffs' case...

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