Legal Opinion

Jones v. Mayor of Little Rock

Supreme Court of Arkansas

Decided December 15, 1868PublishedCited by 3 opinions

Appeal from Pulaski' Chancery Court.. The law against issuing change tickets (Gould ’s Digest, p. 244) has never been repealed or modified. The Chancellor based his decision, on a similar case, on the ground that, the bills being wholly void, no injunction should issue. But they are not void. Van Horne v. State, 5 Ark., 351. And if they were void the injunction ought to issue any way. Hamilton v. Cummings, 1 JohnsonChy.

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Appeal from Pulaski' Chancery Court.. The law against issuing change tickets (Gould ’s Digest, p. 244) has never been repealed or modified. The Chancellor based his decision, on a similar case, on the ground that, the bills being wholly void, no injunction should issue. But they are not void. Van Horne v. State, 5 Ark., 351. And if they were void the injunction ought to issue any way. Hamilton v. Cummings, 1 JohnsonChy. It., 520. No power is vested in the Supreme Court to grant a mandamus, to compel a Chancellor to grant an injunction, by the Code. Chap. IV., Civil Code, pp. 99 to 106.…

1Opinion of the CourtGregg, J.

It appears that the plaintiff, on the 10th of May, 1869, presented to the Chancellor of Pulaski county, at chambers, his complaint for an injunction against the defendants, to restrain them from issuing bonds, notes, or city treasury warrants, intended to circulate as currency.

The Chancellor made a temporary restraining order, which he afterwards recalled, but he restrained the defendants for fourteen days, when the application was set for hearing in court. The bill then being presented, the court ordered the temporary restraining order dissolved, and refused to enjoin the defendants until…

2Cases cited2 opinions

  1. CRAIG v. the State of MissouriSupreme Court of the United States · 1830
  2. Dowdney v. McCullomNew York Court of Appeals · 1874

3Cited by3 opinions

  1. Mississippi Valley Power Co. v. Board of Improvement, Water Works District No. 1Supreme Court of Arkansas · 1932
  2. Martin-Alexander Lumber Co. v. JohnsonSupreme Court of Arkansas · 1902
  3. Merchants' Nat. Bank v. Little RockU.S. Circuit Court for the District of Eastern Arkansas · 1878

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