Ex parte Hodges
Supreme Court of Arkansas
Application for Mandamus to grant an Injunction. The complainant offers in his bill to withdraw all defence at law and submit to judgment for the reason that his relief is alone in equity; and therefore the rule in Gonway vs. EUison, 14 Arh., 360, is not applicable in this case. The contract to re-purchase is not a nude or naked contract, without consideration; but is as valid and binding upon the parties as the original contract of sale.
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Application for Mandamus to grant an Injunction. The complainant offers in his bill to withdraw all defence at law and submit to judgment for the reason that his relief is alone in equity; and therefore the rule in Gonway vs. EUison, 14 Arh., 360, is not applicable in this case. The contract to re-purchase is not a nude or naked contract, without consideration; but is as valid and binding upon the parties as the original contract of sale. Silly vs. Silby, 5 A.<& Ellis, 548; 1 Par. on Con., 448 and authorities cited ; ib., 430. It was part of the consideration for complainant to pay — to enter…
1Opinion of the CourtChief Justice WalKee
This case comes before us upon petition for mandamus to compel the judge of the first judicial circuit to grant to the petitioner an injunction. Whatever the real merits of the case may be, upon issue and proofs, we must, for the purposes of this application, consider the allegations of the bill as true.
It seems that, on the 5th day of November, 1859, Daniel and James Hughes, for the consideration of $30,000, ten thousand of which were to be paid on the 20th of February, 1860, and twenty thousand on the 1st of January, 1865, and for the payment of which Hodges executed to them his writings…
2Cited by8 opinions
- Wood v. KelseySupreme Court of Arkansas · 1909
- Petroleum Exchange Inc. v. PoynterNorth Dakota Supreme Court · 1954
- Boone v. ByrdSupreme Court of Alabama · 1918
- Phoenix Cement Sidewalk Co. v. Russellville Water & Light Co.Supreme Court of Arkansas · 1911
- Wilkins v. EanesSupreme Court of Arkansas · 1916
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