Sain v. Bogle
Supreme Court of Arkansas
Appeal from Monroe Chancery Court; Jno. M. Elliott, Chancellor; There was fraud in the formation of the district in this; Bogle, Thomas & Lee and White & Watson entered into an agreement, which was unlawful and fraudulent, and was carried out. The contract to pay 5 per cent of the cost of construction was improvident and wasteful. Such jobs the law will not permit. 3 Mason 405, 415, 418. The attorneys violated their duty to their client a,s laid down by Judge Story. Ib.
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Appeal from Monroe Chancery Court; Jno. M. Elliott, Chancellor; There was fraud in the formation of the district in this; Bogle, Thomas & Lee and White & Watson entered into an agreement, which was unlawful and fraudulent, and was carried out. The contract to pay 5 per cent of the cost of construction was improvident and wasteful. Such jobs the law will not permit. 3 Mason 405, 415, 418. The attorneys violated their duty to their client a,s laid down by Judge Story. Ib. Our rule in fraud oases is clearly shown in 110 Ark. 335, 347, 348; 33 Id. 429-30; Act 279, 1909 and Act '221,1911. 2.…
1Opinion of the CourtHart, J.
This case came up on an appeal .by the 'Cypress Creek Drainage District from 'an order of the chancery court allowing an engineer’s fee in favor of White & Watson in the sum of $7,500 and an attorney’s fee in favor of G. Otis Bogle and Thomas & Lee in the sum of $4,000 in a proceeding to settle up the claims and affairs of the drainage district. The material facts are as follows :
In 'September, 1911, G. Otis Bogle, as a representative of certain land owners in Monroe County, Arkansas, filed a petition to establish a drainage district running south from Brinkley and to a point near ICeevil.…
2Cases cited3 opinions
- Seitz v. MeriwetherSupreme Court of Arkansas · 1914
- Lilly v. Robinson Mercantile Co.Supreme Court of Arkansas · 1913
- Bell & Carlton v. WelchSupreme Court of Arkansas · 1881
3Cited by18 opinions
- Burger v. City of SpringfieldSupreme Court of Missouri · 1959
- Bayou Meto Drainage District v. ChaplineSupreme Court of Arkansas · 1920
- Bowman Engineering Co. v. Arkansas & Missouri Highway DistrictSupreme Court of Arkansas · 1921
- Dunn v. DeitschelIndiana Supreme Court · 1930
- St. Paul Fire & Marine Insurance v. GreenSupreme Court of Arkansas · 1930
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