McDaniel v. Crabtree
Supreme Court of Arkansas
Ajrpedl from Lafayette Circuit Court in Chancery. Hon. Shelton Watson, Circuit Judge. The appellant has a right to expect and demand that damages shall be awarded commensurate to the injury sustained in consequence of the issuance of the injunction and the seizure of his property; 2 Greenl.
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Ajrpedl from Lafayette Circuit Court in Chancery. Hon. Shelton Watson, Circuit Judge. The appellant has a right to expect and demand that damages shall be awarded commensurate to the injury sustained in consequence of the issuance of the injunction and the seizure of his property; 2 Greenl. Ev. 253. Being obliged to remain, he has a right to recover as damages the expenses incurred in sending his negroes to Texas— also his counsel fees in defence of the suit, which of course would not have been incurred but for the injunction. Blakenty vs. Ferguson, 18 Ark. 354; Edwards vs. Bodine, 11 Paige…
1Opinion of the CourtJustice Fairchild
When this case had been affirmed, determining the slaves in controversy to be the property of the appellant, under the law of possession of five years, 17 Ark. 222; the inquiry of what damages McDaniel had sustained by the injunction, and by the seizure of the negroes, was prosecuted in the court below, and resulted in an assessment, for the amount of which a decree was entered for McDaniel. The assessment was made by the judge of the court sitting as a jury, for that purpose, by consent of parties, and amounted to sixty-five dollars — McDaniel being dissatisfied with the amount of the decree…
2Cases cited4 opinions
- Arcambel v. WisemanSupreme Court of the United States · 1796
- Smith v. CondrySupreme Court of the United States · 1843
- Edwards v. BodineNew York Court of Chancery · 1844
- Crabtree v. McDanielSupreme Court of Arkansas · 1856
3Cited by13 opinions
- Cushing v. Seymour, Sabin & Co.Supreme Court of Minnesota · 1883
- Hayes v. CooleyNorth Dakota Supreme Court · 1904
- Arkansas Oklahoma Gas Corp. v. Waelder Oil & Gas, Inc.Supreme Court of Arkansas · 1998
- Albers v. Merchants' ExchangeSupreme Court of Missouri · 1897
- Sharp v. Great Southern Coaches, Inc.Supreme Court of Arkansas · 1974
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