Legal Opinion

Lindsay v. Lindley

Supreme Court of Arkansas

Decided October 15, 1859PublishedCited by 8 opinions

Appeal from, Lawrence Circuit Court in Chancery'. Hon. William C. Bevens, Circuit Judge. The bill shows upon its face, that Lindsay is entitled-to the relief he asks from a court of Chancery. It must certainly now be taken as an elementary proposition, that if legal relief is due, and cannot elsewhere be afforded, or if it cannot be adequately afforded, it will be extended by a court of Chancery, according to its own rules and practice.

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Appeal from, Lawrence Circuit Court in Chancery'. Hon. William C. Bevens, Circuit Judge. The bill shows upon its face, that Lindsay is entitled-to the relief he asks from a court of Chancery. It must certainly now be taken as an elementary proposition, that if legal relief is due, and cannot elsewhere be afforded, or if it cannot be adequately afforded, it will be extended by a court of Chancery, according to its own rules and practice. Lindsay could obtain no relief from the courts of common law and statutory jurisdiction. He tried by appeal, to be relieved from the decision of the county…

1Opinion of the CourtJustice Compton

Lindsay, the appellant, established a ferry across Black river, at the town of Powhatan, in Lawrence county, under a license from the County Court for that purpose.

After his ferry had been in operation for a number of years, Lindley, the appellee, applied to the County Court, at January term, 1852, for a license to establish a ferry across the same stream, near Powhatan, and within one mile of the ferry of the appellant.

The appellant voluntarily appeared in the County Court, made himself a party to the proceedings, and contested the grant of license to the appellee. The court, however,…

2Cases cited1 opinion

  1. Ex parte CouchSupreme Court of Arkansas · 1854

3Cited by8 opinions

  1. Merchants & Planters Bank v. FitzgeraldSupreme Court of Arkansas · 1896
  2. Hardin, Comm. of Revenues v. Norsworthy, Co. JudgeSupreme Court of Arkansas · 1942
  3. Finley v. ShemwellSupreme Court of Arkansas · 1910
  4. Shemwell v. FinleySupreme Court of Arkansas · 1910
  5. Crane v. JacksonSupreme Court of Arkansas · 1915

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