DuFresne v. Paul
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; Jolm M. Elliott, Chancellor; 1. The injunction was wrongfully issued, (1) because no affidavit was made to the complaint; (2) the allegations and proof show that no injunction should have been issued, and (3) the whole transaction shows fraudulent effort to cancel the DuFresne contract.
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Appeal from Arkansas Chancery Court; Jolm M. Elliott, Chancellor; 1. The injunction was wrongfully issued, (1) because no affidavit was made to the complaint; (2) the allegations and proof show that no injunction should have been issued, and (3) the whole transaction shows fraudulent effort to cancel the DuFresne contract. Kirby’s Digest, § 3969; 15 Ark. 264. The demurrer should have been sustained because the complaint did not state facts sufficient to constitute a cause of action and the complaint shows that plaintiff is not entitled to the relief sought. There is no allegation that…
1Opinion of the CourtWood, J.
John M. Moody lived in Philadelphia, Pa. On the 16th day of January, 1917, a contract was entered into by Moody with J. A. DuFresne, whereby the former leased to the latter a tract of land consisting of 240 acres known as the “Valentine place,” in Arkansas County, Arkansas. The lease was for a consideration of $1 and certain covenants whereby the lessee undertook to improve and put the land in cultivation as a rice plantation.
The improvements specified included substantial fences of hog and barbed wire, a well costing not less than $1,800, an engine and boiler costing not less than $2,000,…
2Cases cited10 opinions
- Carney v. HadleySupreme Court of Florida · 1893
- Russell v. BrooksSupreme Court of Arkansas · 1909
- Harbottle v. Central Coal & Coke Co.Supreme Court of Arkansas · 1918
- Myers v. HawkinsSupreme Court of Arkansas · 1900
- Bank of Little Rock v. FrankSupreme Court of Arkansas · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Moore Ford Co. v. SmithSupreme Court of Arkansas · 1980
- Brix v. Peoples Mutual Life InsuranceCalifornia Supreme Court · 1935
- Holley v. HolleySupreme Court of Arkansas · 1978
- Bank of Sun Prairie v. HovigDistrict Court, W.D. Arkansas · 1963
- Hildebrand v. GravesSupreme Court of Arkansas · 1925
11 more not listed; retrieve them via the Exa API.