Soudan Planting Co. v. Stevenson
Supreme Court of Arkansas
Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; C. F. Greenlee, Special Chancellor; 1. The law does not authorize the filing of a mandate and taking an order on it on the same day, in the absence of consent; nor is there any way to take an order on a mandate without notice or an appearance, even when it has been filed before the term.
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Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; C. F. Greenlee, Special Chancellor; 1. The law does not authorize the filing of a mandate and taking an order on it on the same day, in the absence of consent; nor is there any way to take an order on a mandate without notice or an appearance, even when it has been filed before the term. Kirby’s Dig., § 6174; 60 Ark. 550. 2. ■ It was the expectation of appellant to submit the matters for arbitration on the testimony already taken, and it was not informed that appellees would insist on the testimony being taken again until the 2d…
1Opinion of the CourtFrauenthal, J.
This is the second appeal of this ease to this court. The opinion rendered upon the former appeal will be found in 94 Ark. 509 (Soudan Planting Co. v. Stevenson).
This appeal involves only the right of appellant to certain alleged damages growing out of the failure to reform a contract under which appellant was entitled to certain timber land for the purpose of clearing and cultivating same during certain years. Originally, appellees instituted this suit to recover the purchase money of a large body of lands sold to appellant and to enforce a vendor’s lien therefor. The purchase money was to…
2Cases cited5 opinions
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- Morris v. CarrSupreme Court of Arkansas · 1905
- Baker v. BakerCourt of Appeals of Kentucky · 1888
- Texas & St. Louis Railway Co. v. DonnellySupreme Court of Arkansas · 1885
- Arkansas Southern Railway Co. v. German National BankSupreme Court of Arkansas · 1908
3Cited by3 opinions
- Mammoth Spring Sch. Dist. v. Fairview Sch. Dist.Supreme Court of Arkansas · 1935
- Women's Catholic Order of Foresters v. Special School Dist. of North Little RockCourt of Appeals for the Eighth Circuit · 1939
- Mammoth Spring School District No. 2 v. Fairview School District No. 7Supreme Court of Arkansas · 1935