Little Rock & Fort Smith Railway Co. v. Wells
Supreme Court of Arkansas
Appeal from Crawford Circuit Court in Chancery. Jephtha H. Fvans, Judge. STATEMENT BY THE COURT. In this case we have another application to a court of equity to grant relief against a judgment at law.
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Appeal from Crawford Circuit Court in Chancery. Jephtha H. Fvans, Judge. STATEMENT BY THE COURT. In this case we have another application to a court of equity to grant relief against a judgment at law. The action at law was brought by Thomas H. Wells against the appellant railway company for the purpose of collecting a penalty for overcharges alleged to. have been made by the railway company for the carriage of said Wells as a passenger on its trains between the stations of Van Burén and Dyer, and Alma and Dyer. He alleged that on four different trips an overcharge of about five cents was…
1Opinion of the CourtRiddick, J.
Jurisdiction of equity to grant new trials.
(after stating the facts.) There are two questions in this case : First, has a court of equity the power to grant the relief prayed for? and, second, if the power be conceded, is this such a case as calls for its exercise? The first question has been considered and answered in the affirmative by our ruling in the case of Kansas, etc. R. Co. v. Fitzhugh, ante, p. 341, and we need only consider the second question.
Evidence Held insufficient.
It is said that the trial court committed error in impaneling, and also in charging, the jury. But errors alone…
2Cases cited1 opinion
- Carroll v. PryorSupreme Court of Arkansas · 1881
3Cited by11 opinions
- DeSota Coal Min. & Dev. Co. v. HillSupreme Court of Alabama · 1915
- Rohrer v. StricklandSupreme Court of Virginia · 1914
- Gulf, T. & W. Ry. Co. v. LunnCourt of Appeals of Texas · 1911
- Bruegger v. CartierNorth Dakota Supreme Court · 1910
- Davis v. First National BankCourt Of Appeals Of Indian Territory · 1905
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