Legal Opinion

Swing v. Brinkley Car Works & Manufacturing Co.

Supreme Court of Arkansas

Decided March 17, 1906PublishedCited by 2 opinions

Appeal from Monroe Circuit Court; George M. Chapline, Judge; The judgment of the court below discloses error on its face. It was not necessary that the defendant he made a party to the action in which the decree of assessment was made.

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Appeal from Monroe Circuit Court; George M. Chapline, Judge; The judgment of the court below discloses error on its face. It was not necessary that the defendant he made a party to the action in which the decree of assessment was made. It was error to hold that, by the terms of the policy and the by-laws indorsed thereon, the defendant was not liable bej^ond the cash premiums paid; and it was also error to hold that the judgment of the Supreme Court of Ohio was of no force and effect as against the defendant. 131 U. S. 319-36; 135 U. S. 533-49; 162 U. S. 329; 91 U. S. 45; 146 U. S. 705; art.…

1Opinion of the CourtBattle, J.

“The appellant, James B. Swing, a trustee, etc., brought this suit in the Monroe Circuit Court on April 9, 1902, against the Brinkley Car Works & Manufacturing Company, and alleged in substance that he is the trustee for the creditors of the Union Mutual Fire Insurance Company, of Cincinnati, Ohio, and that said Brinkley Car Works & Manufacturing Company was a corporation organized under the laws of the State of Arkansas; that said insurance company had been duly incorporated under the laws of Ohio, and that the Supreme Court of Ohio had disincorporated said insurance .company and ap-i…

2Cited by2 opinions

  1. Foohs v. BilbySupreme Court of Arkansas · 1910
  2. Smith v. MinterSupreme Court of Arkansas · 1915

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