Automatic Weighing Co. v. Carter
Supreme Court of Arkansas
Original Petition for Mandamus; Shaver, 91 Ark. 231. A corporation having no authority to Petitioner is entitled. to the writ requested. insure may be held liable on a contract by which it obligates itself to insure. 74 Ark. 377; 160 U. S. 515; 69 L. R. A. 856; 35 Miss. 618; 72 Am.
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Original Petition for Mandamus; Shaver, 91 Ark. 231. A corporation having no authority to Petitioner is entitled. to the writ requested. insure may be held liable on a contract by which it obligates itself to insure. 74 Ark. 377; 160 U. S. 515; 69 L. R. A. 856; 35 Miss. 618; 72 Am. Dec. 143. Equity follows the law, and will neither make a contract for the parties, nor permit one of them to violate a contract which they have freely and advisedly entered into. 14 Ark. 315; 56 Ark. 405; 57 Ark. 168; 73 Ark. 432; 83 Ark. 144; Id. 364; 87 Ark. 52; Id. 545; 40 Ore. 339; 56 L. R. A. 160. • " ■ If…
1Opinion of the CourtFrauenthal, J.
This is an original action instituted in this court for a mandamus to the circuit court of Clark County, in the nature of a writ of procedendo, to compel that court to assume jurisdiction of a cause, which was brought in that court, and to try and determine the same. The Automatic Weighing Machine Company, the petitioner herein, instituted a suit in the Clark Circuit Court against the Arkadelphia Milling Company, and in its complaint it alleged that the defendant was indebted to it, under and by virtue of a written contract, for the value of two weighing machines; and it sought to recover…
2Cases cited10 opinions
- Ex Parte Myra Clarke WhitneySupreme Court of the United States · 1839
- Daniel v. GarnerSupreme Court of Arkansas · 1903
- Gilbert v. ShaverSupreme Court of Arkansas · 1909
- Town v. EvansSupreme Court of Arkansas · 1850
- Fitch v. McDiarmidSupreme Court of Arkansas · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Federal Land Bk. of St. Louis v. GladishSupreme Court of Arkansas · 1928
- Wright v. LakeSupreme Court of Arkansas · 1929
- Beene v. HuttoSupreme Court of Arkansas · 1936
- Rolfe v. Spybuck Drainage District No. 1Supreme Court of Arkansas · 1911
- Watson v. GattisSupreme Court of Arkansas · 1933
12 more not listed; retrieve them via the Exa API.