Choctaw & Memphis Railroad v. Speer Hardware Co.
Supreme Court of Arkansas
Appeal from Scott Circuit Court in Chancery. Styles T. Rowe, Judge. STATEMENT BY THE COURT. The several actions in this case, consolidated and tried as one, were brought by the appellees, the Speer Hardware Co. et al., to obtain judgments against, and have liens declared upon, the Choctaw & Memphis Railroad Company for goods, wares and merchandise sold to sub-contractors, under contracts for the building of the road made prior to the 31st of March, 1899. The facts in the…
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Appeal from Scott Circuit Court in Chancery. Styles T. Rowe, Judge. STATEMENT BY THE COURT. The several actions in this case, consolidated and tried as one, were brought by the appellees, the Speer Hardware Co. et al., to obtain judgments against, and have liens declared upon, the Choctaw & Memphis Railroad Company for goods, wares and merchandise sold to sub-contractors, under contracts for the building of the road made prior to the 31st of March, 1899. The facts in the case are substantially as set out in the abstract of the appellant, and are as follows: Prior to November 30, 1898, the…
1Opinion of the Court
Hughes, J.,
(after stating the facts). The decision of a question involved in this case was made by this court in case of the Choctaw & Memphis Railroad Company v. Sullivan, 70 Ark. 262. In that case it is decided that where cross-ties were furnished by a tie-maker to a sub-contractor, under a contract with the railroad made by the contractor prior to March 31, 1899, there was no lien enforceable against the railroad for the value of the ties so furnished; that the rights of the parties were governed by the law as it existed at the time the contract was made. The act of March 31, 1899, having…
2Cases cited2 opinions
- Giant-Powder Co. v. Oregon Pac. Ry. Co.District Court, D. Oregon · 1890
- Choctaw & Memphis Railroad v. SullivanSupreme Court of Arkansas · 1902
3Cited by3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. LoveSupreme Court of Arkansas · 1905
- Chicago, Rock Island & Pacific Railway Co. v. MooreSupreme Court of Arkansas · 1909
- Louisiana & Northwest Railroad v. StateSupreme Court of Arkansas · 1905