Ark. State Highway Comm. v. Cunningham

I respectfully dissent on at least two grounds: (1) this is not a suit against the State; and (2) the Chancery Court had jurisdiction to enjoin the trespass. These two matters will now be discussed.

I

The complaint filed by T. H. Weaver in the Chancery Court was captioned as follows:

“T. H. Weaver .........................Plaintiff

vs. No. 3490

Charlie Matthews, George Cavenass,

Ward Goodman, Floyd R. Oliver, Director,

Arkansas Highway Commission and Armil

Taylor, Glen F. Wallace, J. E. Crain,

Truman Baker and Wade Hampton, Members oe

the Arkansas Highway Commission......Defendants.”

It will be observed…