Greer v. Cook
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Prank H. Dodge, Special Chancellor; 1. There was a complete and adequate remedy at law, and in such case it was error for the chancery court to assume jurisdiction. 7 Ark. 520; 13 Ark. 630; 26 Ark. 649; 27 Ark. 97; 48 Ark. 331; 14 Ark. 50; id. 360; 18 Ark. 546; 16 Cyc. 45 and note 90; id. 46, 47 and notes. 2. It is shown by the complaint that another action was pending between the same parties for the same cause, wherefore the demurrer…
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Appeal from Pulaski Chancery Court; Prank H. Dodge, Special Chancellor; 1. There was a complete and adequate remedy at law, and in such case it was error for the chancery court to assume jurisdiction. 7 Ark. 520; 13 Ark. 630; 26 Ark. 649; 27 Ark. 97; 48 Ark. 331; 14 Ark. 50; id. 360; 18 Ark. 546; 16 Cyc. 45 and note 90; id. 46, 47 and notes. 2. It is shown by the complaint that another action was pending between the same parties for the same cause, wherefore the demurrer should have been sustained. Kirby’s Dig., § 6093, sub-div. 3; 70 Ark. 71; 34 Ark. 410; 5 Ark. 9; 13 Ark. 600; 28 Ark. 341;…
1Opinion of the CourtMcCuuuoch, J.
Cook is a railroad locomotive engineer, and resides in Pulaski County, Arkansas, and one Shilling, acting through his agent and attorney, Greer, sued him before a justice of the peace of Pulaski County for a debt of $51.32 alleged to be due on open account for goods sold. Judgment was rendered in favor of Shilling for the alleged debt and cost, and after-wards a writ of garnishment was issued on the judgment and served on Cook’s employer, the St. Louis, Iron Mountain & Southern Railway Company, to seize his wages. He appealed from the judgment of the justice of the peace to the circuit court,…
2Cases cited3 opinions
- Pickett v. FergusonSupreme Court of Arkansas · 1885
- Baxley v. LasterSupreme Court of Arkansas · 1907
- Griffith v. LangsdaleSupreme Court of Arkansas · 1890
3Cited by12 opinions
- Wernimont v. State ex rel. Little Rock Bar Ass'nSupreme Court of Arkansas · 1911
- Doerr v. WarnerSupreme Court of Minnesota · 1956
- Farm Service Cooperative, Inc. v. Goshen Farms, Inc.Supreme Court of Arkansas · 1979
- Three Sisters Petroleum, Inc. v. LangleySupreme Court of Arkansas · 2002
- Anderson v. CanadaySupreme Court of Oklahoma · 1913
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