Ex parte Johnson
Supreme Court of Arkansas
Petition for Mandamus. Benjamin E. Johnson filed his bill of complaint, in the circuit court of Washington county, against the administrators, widow and heirs at law, of Tandy K. Kidd, deceased, to redeem certain real estate therein mentioned, which he had mortgaged to the said Tandy K. Kidd, in his life-time. A portion of the defendants appeared and put in their answers.
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Petition for Mandamus. Benjamin E. Johnson filed his bill of complaint, in the circuit court of Washington county, against the administrators, widow and heirs at law, of Tandy K. Kidd, deceased, to redeem certain real estate therein mentioned, which he had mortgaged to the said Tandy K. Kidd, in his life-time. A portion of the defendants appeared and put in their answers. At a subsequent term, said complainant moved the court for leave to dismiss his bill of complaint, which the court refused to grant, for the reason that the new matter contained in the answer of the administrators…
1Opinion of the Court
Sbarlb, Special J.
The petitioner, in this ease, brought his action in the Washington circuit court, on the chancery side thereof, to the August term, A. I). 1867.
To the bill of complaint, filed in the case, defendants answered, making certain allegations and praying for certain relief, and complainant replied to the answer. At this stage of the pleadings, at the August adjourned term, 1869, of said court, complainant made his motion to dismiss his bill of complaint, which was resisted by the defendants. The court overruled the motion, and complainant petitions this court for a writ of…
2Cited by8 opinions
- Strong v. GrantCalifornia Supreme Court · 1893
- Ex Parte HartwellSupreme Court of Alabama · 1939
- Collins v. HawkinsSupreme Court of Arkansas · 1905
- Board of Commissioners of Shoshone County v. MayhewIdaho Supreme Court · 1897
- McBride v. HonSupreme Court of Arkansas · 1907
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