Henslee v. Mobley
Supreme Court of Arkansas
Appeal from Woodruff Chancery Court, Northern District; A. L. Hutchins, Chancellor; 1. ■ The court erred in holding (1) that retained percentages of a contractor in the hands of a road district are subject to gamisbment.
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Appeal from Woodruff Chancery Court, Northern District; A. L. Hutchins, Chancellor; 1. ■ The court erred in holding (1) that retained percentages of a contractor in the hands of a road district are subject to gamisbment. Road districts' are not subject to garnishment. 90 Ark. 236; 31 Id. 387; 56 Id. 451. 2. Appellant should have had priority in the funds of the district for the reason that the facts in this case are the facts in the Plummer case. 90 Ark. 236. 3. Appellant did not breach the contract. Mobley had no right to refuse to pay Henslee’s estimates. 152 Ill. 59; 30 L. R. A. and note;…
1Opinion of the CourtMcCulloch, C. J.
Cotton Plant Road Improvement District No. 1 of Woodruff County was organized for the purpose of improving a public road running west from the corporate limits of the town of Cotton Plant to the Prairie County line. The road was to be drained and graded and covered with a crushed rock base and then topped or surfaced with asphaltum in accordance with the plans and specifications prepared by the engineer of the district and approved by .the State Highway. Commission. ‘ ..........
Appellee, R. Mobley, entered into a contract with the improvement district in August, 1917, to construct the…
2Cases cited1 opinion
- Plummer v. School District Number 1Supreme Court of Arkansas · 1909
3Cited by13 opinions
- Bank of America, N.A. v. JB Hanna, LLCCourt of Appeals for the Eighth Circuit · 2014
- TXO Production Corp. v. Page Farms, Inc.Supreme Court of Arkansas · 1985
- Dongary Holstein Leasing, Inc. v. CovingtonSupreme Court of Arkansas · 1987
- Road Improvement District No. 4 v. Southern Trust Co.Supreme Court of Arkansas · 1922
- Newell Contracting Co. v. ElkinsSupreme Court of Arkansas · 1923
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