Myers v. Linebarger
Supreme Court of Arkansas
Appeal from "Washington Circuit Court; J. 8. Maples, Judge; The demurrer was improperly sustained. A good cause of action was stated in the complaint and appellant had the right to sue and appellee is clearly liable. 82 Ark. 384; 76 Icl. 395; 4 Crawford’s Digest, 243; 78 Ark. 330; 77 Id. 261; 86 Id. 606. The demurrer was properly sustained. The court had no jurisdiction.
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Appeal from "Washington Circuit Court; J. 8. Maples, Judge; The demurrer was improperly sustained. A good cause of action was stated in the complaint and appellant had the right to sue and appellee is clearly liable. 82 Ark. 384; 76 Icl. 395; 4 Crawford’s Digest, 243; 78 Ark. 330; 77 Id. 261; 86 Id. 606. The demurrer was properly sustained. The court had no jurisdiction. There was a defect of parties and the complaint did not state a cause of action. 77 Ark. 261; 82 Id. 3i84; Mechem on Agency (2 ed.) § § 357, 483, 490, 494, 434-5, 446; 114 Ark. 9; 103 Id. 484.
1Opinion of the CourtHumpheys, J.
Appellant instituted suit against appellee in the Washington Chancery Court to impound and recover a collateral note of $1,000, executed by appellant to Rosa E. Troné, and by Rosa E. Troné assigned to appellee; and to recover $3,200 as damages, alleged to have been sustained by appellant in an exchange of lands between appellant and Rosa E. Troné, which exchange was induced by alleged fraudulent misrepresentations and made by appellee concerning the land conveyed by Rosa E. Troné to appellant. The complaint, in substance, alleged that appellant owned a hotel situated upon two lots in Riviera,…
2Cases cited2 opinions
- Palmer v. PirsonThe Superior Court of the City of New York and Buffalo · 1893
- Varner v. Interstate ExchangeSupreme Court of Iowa · 1908
3Cited by5 opinions
- Sun B. L. Assn. v. RashkesNew Jersey Court of Chancery · 1936
- McCulla v. BrownSupreme Court of Arkansas · 1929
- Myers v. LinebargerSupreme Court of Arkansas · 1920
- Reed v. RumphSupreme Court of Arkansas · 1926
- Reed v. RumphSupreme Court of Arkansas · 1926