Love v. Cahn
Supreme Court of Arkansas
Appeal from Chicot Chancery Court; Zachariah T. Wood, Chancellor; STATEMENT BY THE COURT. This was an action originally instituted in the Chicot Circuit Court by the appellee, Uda Cahn, against the appellants to recover upon a supersedeas bond executed by them in connection with an appeal-to the Supreme Court taken from the decree and proceedings of the Chicot Chancery Court rendered in a cause wherein J. Kaufman was plaintiff and Henry and Mattie Love, his wife, were…
Read the full summary
Appeal from Chicot Chancery Court; Zachariah T. Wood, Chancellor; STATEMENT BY THE COURT. This was an action originally instituted in the Chicot Circuit Court by the appellee, Uda Cahn, against the appellants to recover upon a supersedeas bond executed by them in connection with an appeal-to the Supreme Court taken from the decree and proceedings of the Chicot Chancery Court rendered in a cause wherein J. Kaufman was plaintiff and Henry and Mattie Love, his wife, were defendants. Upon said appeal the decree ivas affirmed and finally disposed of by this court on March 7, 1904; and the opinion…
1Opinion of the Court
Frauenthal, J.,
(after stating the facts.) 1. Before considering the questions involving the rights upon the one hand and the liabilities of the parties on the other hand, in this case, we will determine the objection urged by the appellants to the pleadings. It is contended that the claim or right of action growing out of the liabilities accruing upon the alleged breach of the supersedeas bond is not assignable, and that therefore the said Kaufman, who was the obligee in said bond, was a proper party to this suit. The appellants in the court below did not file a demurrer on the ground that…
2Cases cited13 opinions
- Eagle v. BeardSupreme Court of Arkansas · 1878
- United States Fidelity & Guaranty Co. v. FultzSupreme Court of Arkansas · 1905
- Maloney v. StateSupreme Court of Arkansas · 1909
- Harrison v. TraderSupreme Court of Arkansas · 1874
- Miller v. NuckollsSupreme Court of Arkansas · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Mitchell Shaw v. the Fed. Land Bk. of St. LouisSupreme Court of Arkansas · 1943
- Sims v. MillerSupreme Court of Arkansas · 1922
- Elzea v. PerrySupreme Court of Arkansas · 2000
- Yudin v. CarrollDistrict Court, W.D. Arkansas · 1944
- Kansas City Southern Railway Co. v. AkinSupreme Court of Arkansas · 1919
22 more not listed; retrieve them via the Exa API.