Chicago, Rock Island & Pacific Railway Co. v. Moore
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; statement ey the court. On August 30, 1899, appellee brought suit in the St. Francis Chancery Court against T. F. Moore, B. F. Hamit, Jr., R. L. Vansant and the Choctaw & Memphis Railroad Company, to recover judgment for work done in building the railroad of the company mentioned.
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Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; statement ey the court. On August 30, 1899, appellee brought suit in the St. Francis Chancery Court against T. F. Moore, B. F. Hamit, Jr., R. L. Vansant and the Choctaw & Memphis Railroad Company, to recover judgment for work done in building the railroad of the company mentioned. The work was done under contract with the firm of T. F. Moore & Company, which firm was a subcontractor under R. L. ’Vansant. Appellee prayed for judgment in the sum of $847, and that same be declared a lien on the road bed, etc. Service was…
1Opinion of the Court
Wood, J.,
(after stating the facts.) “A bill of interpleader is a bill filed for the protection of a person from whom several persons claim legally or equitably the same thing, debt or duty, but who has incurred no independent liability to any of them, and does not himself claim an interest in the matter. The equity is that the conflicting claimants should litigate the matter among themselves without involving the stakeholder in their dispute.” Adams, Eq. 400. Mr. Pomeroy says: “Where two or more persons, whose titles are connected by reason of one being derived from the other, or of both…
2Cases cited5 opinions
- School District No. 1 v. WestonMichigan Supreme Court · 1875
- Choctaw & Memphis Railroad v. SullivanSupreme Court of Arkansas · 1902
- Guess v. Stone Mountain Granite & Railway Co.Supreme Court of Georgia · 1881
- Tucker v. Railway Co.Supreme Court of Arkansas · 1894
- Choctaw & Memphis Railroad v. Speer Hardware Co.Supreme Court of Arkansas · 1902
3Cited by7 opinions
- Enterprise Lumber Co. v. First Nat. BankSupreme Court of Alabama · 1913
- American Co. of Arkansas v. WheelerSupreme Court of Arkansas · 1930
- Lewis v. Bank of KensettSupreme Court of Arkansas · 1952
- Drum v. McDanielSupreme Court of Arkansas · 1949
- Goad v. GoadSupreme Court of Arkansas · 1964
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