Southwestern Telegraph & Telephone Co. v. Benson
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Robert J. Dea, Judge. The cause should have been transferred to equity. Sand. & H. Dig., sec. 5619. Interpleader is one of the recognized heads of equity jurisdiction. 2 Story, Rq. Jur. sec. 806; 11 Am. & Rng. Rnc. Daw, p. 496 and p. 506. Ror practice, see 2 Paige, Ch. 572; 3 Rdw. Ch. (N. Y.), 71; Story’s Rq.
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Appeal from Pulaski Circuit Court. Robert J. Dea, Judge. The cause should have been transferred to equity. Sand. & H. Dig., sec. 5619. Interpleader is one of the recognized heads of equity jurisdiction. 2 Story, Rq. Jur. sec. 806; 11 Am. & Rng. Rnc. Daw, p. 496 and p. 506. Ror practice, see 2 Paige, Ch. 572; 3 Rdw. Ch. (N. Y.), 71; Story’s Rq. Jur. sec 801; 2 id. sec. 824; 20 Ark. 641; 3 Wait’s Ac. & Def. p. 138. When the court refused to transfer the cause to equity, it should have dismissed the bank from the case. 46 Ark. 272; Story, Rq. Jur. sec. 805; 2 Paige, Ch. 570; Sgmd. & H. Dig.,…
1Opinion of the CourtBunn, C. J.
This is an action by Mrs. V. Benson, the appellee here, against the Southwestern Telegraph & Telephone Company to recover the sum of $442, a balance due on the contract price and extra work and labor done and materials furnished in constructing appellant’s line from Pine Bluff to Little Rock.
Defendant answered, denying that it owed plaintiff the said sum of $442, but alleging that it owed her, if anything, only the sum of $150, which said sum had been deposited, by agreement between them, in court, to await the result of another action then pending also in the circuit court of Pulaski county,…
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