Legal Opinion

Suhs v. Homewood Rice Land Syndicate

Supreme Court of Arkansas

Decided March 5, 1917PublishedCited by 4 opinions

Appeal from. Prairie Chancery Court, Southern District; John M. Elliott, Chancellor; 1. The case should not have been transferred to the chancery court. The transfer was made evidently on the theory that a counterclaim or set-off could not be set up in a court of law because plaintiff was a nonresident. 95 Ark. 488. Plaintiff was not insolvent nor is it so alleged!; nor is it alleged that he did not have property subject to attachment in this State.

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Appeal from. Prairie Chancery Court, Southern District; John M. Elliott, Chancellor; 1. The case should not have been transferred to the chancery court. The transfer was made evidently on the theory that a counterclaim or set-off could not be set up in a court of law because plaintiff was a nonresident. 95 Ark. 488. Plaintiff was not insolvent nor is it so alleged!; nor is it alleged that he did not have property subject to attachment in this State. The plaintiff and defendants are both residents of Illinois. 92 Ark. 594; 101 Id. 493; 25 Enc. Law, 546; 3 Johns. Chy. 569. 2. Except for the…

1Opinion of the CourtHart, J.

Edward Suhs brought separate suits against the Homewood' Eice Land Syndicate and Henry Gottsehalk and Henry Moeker to recover amounts alleged to be due him for raising rice crops on the land of the defendants.

Henry Gottsehalk and Henry Moeker lived at Home-wood, Illinois, and owned a tract of land in Prairie County, Arkansas, comprising one hundred and sixty acres. They organized a corporation called the Home-wood Eice Land Syndicate, which was located at Home-wood, Illinois, and this corporation owned a one-half section of land in Prairie County, Arkansas. Gottsehalk and Moeker entered into…

2Cases cited3 opinions

  1. Ewing-Merkel Electric Co. v. Lewisville Light & Water Co.Supreme Court of Arkansas · 1909
  2. First National Bank v. ReinmanSupreme Court of Arkansas · 1910
  3. Stewart v. ScottSupreme Court of Arkansas · 1891

3Cited by4 opinions

  1. Davis Erection Co., Inc. v. JorgensenNebraska Supreme Court · 1995
  2. Richards v. HowellSupreme Court of Arkansas · 1917
  3. Davis Erection Co., Inc. v. JorgensenNebraska Supreme Court · 1995
  4. Weast v. WickershamSupreme Court of Arkansas · 1917

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