Collins v. Hawkins
Supreme Court of Arkansas
Original petition for mandamus; 1. Petitioners were entitled to have master appointed. As remaindermen they had the right to stop the cutting of timber, and to be compensated for that already cut, before the death of the widow. Competent for chancery court to require an accounting for waste, and avoid a multiplicity of suits. 1 Wash. Real Prop. 161; Story, Eq. Jur, § § 517-18, 917; Fed. Cas. 68; 5 Johns. Ch. 170-71. 2. It was the duty of the chancellor to make the order.
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Original petition for mandamus; 1. Petitioners were entitled to have master appointed. As remaindermen they had the right to stop the cutting of timber, and to be compensated for that already cut, before the death of the widow. Competent for chancery court to require an accounting for waste, and avoid a multiplicity of suits. 1 Wash. Real Prop. 161; Story, Eq. Jur, § § 517-18, 917; Fed. Cas. 68; 5 Johns. Ch. 170-71. 2. It was the duty of the chancellor to make the order. He was without discretion. He had a particular duty to perform, which this court will compel. 25 Ark. 510; 45 Ark. 128; 35…
1Opinion of the CourtMcCulloch, J.
The petitioners, James E. Collins and others, were appellants in the case of Collins v. Paepcke-Leicht Lumber Company, 74 Ark. 81, decided by this court on January 28, 1905, a day of the November term, 1904, and they now present their petition alleging that the Hon. M. L. Hawkins, Chancellor of the Chicot Chancery Court, has refused to enter and carry out the judgment and mandate of this court, and they pray that a peremptory writ of mandamus be issued, compelling him to do so.
The judgment of this court recites the finding that “said chancery court erred in dismissing the plaintiffs’…
2Cases cited6 opinions
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Ex parte JohnsonSupreme Court of Arkansas · 1869
- County Court v. RobinsonSupreme Court of Arkansas · 1871
- Hempstead County v. GraveSupreme Court of Arkansas · 1884
- Winter & Co. v. SimpsonSupreme Court of Arkansas · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Miller v. TatumSupreme Court of Arkansas · 1926
- Rolfe v. Spybuck Drainage District No. 1Supreme Court of Arkansas · 1911
- Jeffery, County Judge v. TrevathanSupreme Court of Arkansas · 1949
- Hopson v. FriersonSupreme Court of Arkansas · 1912
- Maxey v. CoffinSupreme Court of Arkansas · 1910
7 more not listed; retrieve them via the Exa API.