Equitable Manufacturing Co. v. Thomasson
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; The court erred in transferring the cause to the chancery court, thereby depriving appellant of a trial by jury upon the facts. Kirby’s Digest, § 5984; lb. § 5985. Suits involving purely questions of law should not be transferred to a court of equity. 71 Ark. 222; 46 Ark. 272; 71 Ark. 484; 56 Ark. 391; 56 Ark. 398; 52 Ark. 411; 40 Ark. 155; Const.
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Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; The court erred in transferring the cause to the chancery court, thereby depriving appellant of a trial by jury upon the facts. Kirby’s Digest, § 5984; lb. § 5985. Suits involving purely questions of law should not be transferred to a court of equity. 71 Ark. 222; 46 Ark. 272; 71 Ark. 484; 56 Ark. 391; 56 Ark. 398; 52 Ark. 411; 40 Ark. 155; Const. Ark. art 2, § 7; 32 Ark. 553; 47 Ark. 205; n S. W. 953; 6 S. W. 362. The answer presented an equitable defense, if proved. 39 Ark. 568.
1Opinion of the CourtMcCulloch, J.
Appellant commenced this action in the circuit court of Jefferson County to recover the sum of $185 alleged to be due for merchandise sold upon a written order or contract and shipped by appellant from its place of business at Iowa City, Iowa, to appellees at Wabbaseka in Jefferson County. Appellees filed their answer, alleging that the order for the goods was delivered by one of the members of their firm to the traveling salesman of appellant upon condition that the same should be subsequently approved by the other member of the firm, who was then absent, and under an express verbal…
2Cases cited5 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Ware v. AllenSupreme Court of the United States · 1888
- Graham v. RemmelSupreme Court of Arkansas · 1905
- State v. WallisSupreme Court of Arkansas · 1892
- Weaver v. Arkansas National BankSupreme Court of Arkansas · 1904
3Cited by1 opinion
- Bassett v. Mutual Benefit Health & Accident Ass'nSupreme Court of Arkansas · 1929