Finley v. Moose
Supreme Court of Arkansas
Writ of prohibition to Pope Circuit Court. statement by the court. This is an application to this court for a writ of prohibition, seeking to prohibit the judge of the Pope Circuit Court from proceeding with the trial of the case of the State of Arkansas v. Waters Pierce Oil Company, pending in that court.
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Writ of prohibition to Pope Circuit Court. statement by the court. This is an application to this court for a writ of prohibition, seeking to prohibit the judge of the Pope Circuit Court from proceeding with the trial of the case of the State of Arkansas v. Waters Pierce Oil Company, pending in that court. The petition is presented by Andrew M. Finley, as an old stockholder and late president of the Waters Pierce Oil Company, and the Waters Pierce Oil Company, a corporation of Missouri. The petition represents that a complaint was filed in the Pope Circuit Court April 7, 1900, against the…
1Opinion of the Court
Wood, J.,
(after stating the facts.) It appears that an issue of fact was presented to the circuit court as to whether the dissolution of the old corporation and the formation of the new was a fraudulent scheme for the purpose of evading the laws of Arkansas. If it was a fraudulent scheme to dodge liability under the anti-trust law of Arkansas, as the amended complaint alleged, then the circuit court would have jurisdiction;'and it had power to determine whether or not such dissolution and reorganization was for the fraudulent purpose of evading the penalties provided by our statute. If the…
2Cases cited1 opinion
- Weaver v. LeathermanSupreme Court of Arkansas · 1899
3Cited by19 opinions
- Monette Road Improvement District v. DudleySupreme Court of Arkansas · 1920
- Merchants' & Planters' Bank v. HammockSupreme Court of Arkansas · 1929
- Robinson v. Means, JudgeSupreme Court of Arkansas · 1936
- State Ex Rel. Ellan v. District CourtMontana Supreme Court · 1934
- Twin City Lines, Inc. v. Cummings, JudgeSupreme Court of Arkansas · 1947
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