Drainage District No. 5 or Lonoke County v. Kochtitzky
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; J. E. Martineau, Chancellor; 1. It was error to overrule the motion to transfer the cause to the law court, as the chancery court was without jurisdiction. The cause of action did not involve a long or complicated account, but a simple question of fact easily settled in a court of law by a few simple instructions. No fraud was alleged in obtaining a final settlement nor mistake.
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Appeal from Lonoke Chancery Court; J. E. Martineau, Chancellor; 1. It was error to overrule the motion to transfer the cause to the law court, as the chancery court was without jurisdiction. The cause of action did not involve a long or complicated account, but a simple question of fact easily settled in a court of law by a few simple instructions. No fraud was alleged in obtaining a final settlement nor mistake. Plaintiff had a complete and adequate remedy at law and the question of fact should have been properly submitted to a jury. It is not true that there was no other way than a chancery…
1Opinion of the CourtMcCulloch, C. J.
Appellant is, as its name implies, a drainage district organized under general statutes for the purpose of constructing certain drains or ditches in Lonoke County, and a contract was duly entered into'with appellee to construct the improvement. It consisted of an extensive system of drains in a large area in Lonoke County. After the completion of the improvement appellee instituted this action to recover a sum of money alleged to be due and unpaid on a part of the construction work.
The contract to do the work was let to appellee on the yardage price, that is to say, at a price per cubic yard…
2Cases cited2 opinions
- Bayou Meto Drainage District v. ChaplineSupreme Court of Arkansas · 1920
- Williams v. Board of Directors of Carden's Bottom Levee District No. 2Supreme Court of Arkansas · 1911
3Cited by9 opinions
- Kyburz v. StateSouth Dakota Supreme Court · 1961
- Drainage Dist. No. 2 of Crittenden County v. Mercantile-Commerce Bank & Trust Co. of St. LouisCourt of Appeals for the Eighth Circuit · 1934
- Lewelling & Price-Williams v. St. Francis County Road Improvement District No. 1Supreme Court of Arkansas · 1923
- Connelly v. ParkesSupreme Court of Arkansas · 1923
- S. J. Groves & Sons Co. v. WarrenCourt of Appeals for the D.C. Circuit · 1943
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