McCarthy v. Kirksley
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. STATEMENT BY THE COURT. The defendants, McCarthy & Reichardt, were contractors for the construction ■ of the Choctaw & Memphis Railroad. As such contractors, they sublet a portion of the work to be done to one Bean.
Read the full summary
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. STATEMENT BY THE COURT. The defendants, McCarthy & Reichardt, were contractors for the construction ■ of the Choctaw & Memphis Railroad. As such contractors, they sublet a portion of the work to be done to one Bean. The contract with Bean contained the following provisions, to-wit: “The contractor shall promptly pay all subcontractors, material men, laborers, and other employees, as often as payments are made to him by the company, and in the event of his failure at any time to do so the company may retain from all subsequent…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The question presented by this appeal is whether the circuit court erred in permitting E. R. Kirksley and other intervening petitioners to become parties to this action, and in rendering judgment in their favor against the defendants for the several amounts claimed by them. Our statute provides that “where, in an action for real or personal property, any person having an interest in the property applies to be made a party, the court may order it to be done.” Sand. & H. Dig., § 5636. But it is not shown that the intervening petitioners had any interest or…
2Cited by4 opinions
- Bankers Mutual Casualty Co. v. Peoples BankSupreme Court of Georgia · 1907
- State ex rel. Williams v. Superior CourtWashington Supreme Court · 1916
- Inter-Southern Life Insurance v. McDanielTennessee Supreme Court · 1929
- Turner v. Washington Realty Co.Supreme Court of South Carolina · 1923