Ratcliff v. Adler
Supreme Court of Arkansas
Appeal from Sebastian. Circuit Court, Greenwood District. Styles T. Bowe, Judge. STATEMENT BY THE COURT. The complaint states, in substance, that the plaintiffs, Eugene Adler and Julius Joel, partners under the firm name of B. Baer & Co., were the owners of a certain tract of land in Greenwood district of Sebastian county, which is described in the complaint.
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Appeal from Sebastian. Circuit Court, Greenwood District. Styles T. Bowe, Judge. STATEMENT BY THE COURT. The complaint states, in substance, that the plaintiffs, Eugene Adler and Julius Joel, partners under the firm name of B. Baer & Co., were the owners of a certain tract of land in Greenwood district of Sebastian county, which is described in the complaint. It further alleges that “the said defendant, the Arkansas Central Bailroad Company, being a railroad corporation authorized to construct and operate a railroad through the Greenwood district of Sebastian county, as such did on the first…
1Opinion of the Court
Riddick, J.,
(after stating the facts). This is an action against a receiver of a railroad company to recover damages for a right of way taken by the railroad company across lands owned by plaintiffs.
The first question presented is whether the court had the right to entertain this action against the receiver when the court appointing the receiver had not given leave to the. plaintiff to bring the action. It is, however, unnecessary for us to determine whether the failure to obtain such permission is a matter affecting the jurisdiction of the court in which the suit is brought, for, if we…
2Cases cited1 opinion
- Barton v. BarbourSupreme Court of the United States · 1881
3Cited by10 opinions
- Bereth v. SparksCourt of Appeals for the Seventh Circuit · 1931
- Buchanan v. HicksSupreme Court of Arkansas · 1911
- Washington Trust Co. v. Local & Long Distance Telephone Co.Washington Supreme Court · 1913
- Scandinavian-American Bank v. WentWorth Lumber Co.Oregon Supreme Court · 1921
- St. Louis, Iron Mountain & Southern Railway Co. v. Batesville & Winerva Telephone Co.Supreme Court of Arkansas · 1908
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