Greedup v. Franklin County
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court. Hon. William N. May, Circuit Judge. An insufficiency of first and fourth causes of demurrer, and defective nature of last clause of eighth cited. Civil code, sec; 112 ; Myers’ Codes (Ky.), p. 361 N. C.; 3 Metcalf, 61; 8 How., 177, 258. The second ground for demurrer is only ground for motion to strike out names of those improperly joined.
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APPEAL from Franklin Circuit Court. Hon. William N. May, Circuit Judge. An insufficiency of first and fourth causes of demurrer, and defective nature of last clause of eighth cited. Civil code, sec; 112 ; Myers’ Codes (Ky.), p. 361 N. C.; 3 Metcalf, 61; 8 How., 177, 258. The second ground for demurrer is only ground for motion to strike out names of those improperly joined. See code, sec. 155; 17 B. Monroe, 602; 1 Duval, 84; 18 B. Monroe, 132. The fifth and sixth causes constitute no ground of objection to the bill. Allen ex parte, 26 Ark., 9. The third never was ground of demurrer. The…
1Opinion of the Court
Walker, J.:
The appellants, in behalf of themselves and the other taxpayers of said county, filed their bill in chancery against, the county of Franklin and Charles E. Berry, the sheriff of that county, to enjoin the collection of certain taxes alleged to have been illegally assessed, and about to be collected by the sheriff. The defendant, Berry, filed a demurrer to the bill, and assigned, amongst other causes, that a court of chancery had no jurisdiction to render the relief sought.
The demurrer was sustained, a temporary injunction', which had been granted by one of the judges of the Supreme…
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