Arnold v. Oliver
Supreme Court of Arkansas
Appeal from Clajr Chancery Court, Western District; Archer Wheatley, Chancellor; The chancery court had no jurisdiction and erred in overruling defendant’s demurrer. 145 Ark. 540; 145 Ark. 262; Cosby v. Hurst, 149 Ark. 11. The court erred in overruling defendant’s motion for a jury trial.
Read the full summary
Appeal from Clajr Chancery Court, Western District; Archer Wheatley, Chancellor; The chancery court had no jurisdiction and erred in overruling defendant’s demurrer. 145 Ark. 540; 145 Ark. 262; Cosby v. Hurst, 149 Ark. 11. The court erred in overruling defendant’s motion for a jury trial. The chancery .court had jurisdiction. 31 Cyc. 797 (11); jurisdiction cannot be defeated by conceding that the party invoking it is entitled to the relief asked for. 15 C. J. 822, sec. 135; 69 S. W. 447. Granting of jury trials in chancery court is a matter within the discretion of the court. C. & M. Digest,…
1Opinion of the CourtSmith, J.
Samuel Watson died in March, 1915, leaving five children, all of whom were of age. He and his wife, who survived him, and who was the stepmother of his children, had been separated for some time before his death. The heirs took possession and disposed of most of the personal property upon the death of their father. The right of the widow, Maggie Watson, to any interest in the real estate or personal property of her husband was denied by the children, and the widow, being without funds, employed G. B. Oliver to prosecute the necessary suits to obtain for her her distributive share of the real…
2Cases cited4 opinions
- Rose City Bottling Works v. Godchaux Sugars, Inc.Supreme Court of Arkansas · 1922
- Merchants Bank v. AffholterSupreme Court of Arkansas · 1919
- Watson v. HillSupreme Court of Arkansas · 1916
- Lee v. Helena, Parkin & Northern Railway Co.Supreme Court of Arkansas · 1917
3Cited by2 opinions
- Ponder v. Jefferson Standard Life InsuranceSupreme Court of Arkansas · 1937
- Southern Surety Co. v. Pfeifer Stone Co.Supreme Court of Arkansas · 1927