Stewart v. Pace
Supreme Court of Arkansas
APPEAL from Arkansas Circuit Court in Chancery. The injunction was simply to prevent a trespass, and would not lie. 8. B. Cockrell, in support of grounds of injunction, cited Howard v. Kennedy, 4 Ala., 595; Jones v. Chills, 2 Sand., 34; Chills v. Stephenson, 1 Marsh, 333; Kereheval v. Ambler, 7 J. J. Marsh, 626. An employee is not an occupant.
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APPEAL from Arkansas Circuit Court in Chancery. The injunction was simply to prevent a trespass, and would not lie. 8. B. Cockrell, in support of grounds of injunction, cited Howard v. Kennedy, 4 Ala., 595; Jones v. Chills, 2 Sand., 34; Chills v. Stephenson, 1 Marsh, 333; Kereheval v. Ambler, 7 J. J. Marsh, 626. An employee is not an occupant. Chiniquy v. Catholic Bishop, 41 111., 148; Hawkins v. Beichart, 28 Cal., 534. This is like enforcing judgment without notice, and subject of injunction. Bidgeway v. Bank of Tenn., 11 Humph. (Tenn.), 523, and authorities; High on Inj., 126 and 152;…
1Opinion of the Court
English, Ch. J.:
The material facts of this case, as disclosed by the pleadings and evidence, are:
That on the 28th December 1872, Lavender, as administrator of DuBose, under an order of the Probate Court of Arkansas county, leased to James T. Pace, for the year 1873, the DuBose plantation, embracing the north half of the northeast quarter and the south half of the southeast quarter of section 16, township 6 south, range 6 west. By the terms of the lease, Pace was to have sufficient time after the 1st of January, 1874, to gather his crops. Pace cultivated the lands in cotton, etc. He and…
2Cases cited3 opinions
- Howard v. Kennedy's Exr'sSupreme Court of Alabama · 1843
- Chiniquy v. Catholic Bishop of ChicagoIllinois Supreme Court · 1866
- Goodnough v. SheppardIllinois Supreme Court · 1862
3Cited by2 opinions
- Bushong v. RectorWest Virginia Supreme Court · 1889
- Albright v. OysterU.S. Circuit Court for the District of Eastern Missouri · 1884