Hopson v. Frierson
Supreme Court of Arkansas
Petition for mandamus to; Charles D. Frierson, Chancellor; The ruling of this court upon the motion to dismiss thé appeal was a binding adjudication of that question, and the lower court had no authority except to obey the mandate of this court and to dismiss the complaint as against Hopson.
Read the full summary
Petition for mandamus to; Charles D. Frierson, Chancellor; The ruling of this court upon the motion to dismiss thé appeal was a binding adjudication of that question, and the lower court had no authority except to obey the mandate of this court and to dismiss the complaint as against Hopson. In the case of Bolen v. Cumbie, 53 Ark. 516, relied on by respondent, the use of the term “undisputed facts” by the court, has reference to the -facts of that particular case only, and neither that opinion nor the cases therein cited would justify the conclusion that it is only where the evidence is…
1Opinion of the CourtMcCulloch, C. J.
H. H. Williams instituted an action in the chancery court of Clay County to redeem certain lands from sale under a mortgage. The American Mortgage Company, the. mortgagee and purchaser at the sale, and D. Hopson, to whom said purchaser had subsequently sold some of the lands, were made defendants. A final decree was rendered by the chancery court, from which the American Mortgage Company and Hop-son appealed to this court, and on final hearing here the decree was reversed with directions “to dismiss the complaint as to the defendant Hopson and to restate the account between the defendant, the…
2Cases cited3 opinions
- Bolen v. CumbySupreme Court of Arkansas · 1890
- Collins v. HawkinsSupreme Court of Arkansas · 1905
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1907
3Cited by12 opinions
- Ward v. CharltonSupreme Court of Virginia · 1941
- Quellmalz Lumber & Manufacturing Co. v. DaySupreme Court of Arkansas · 1918
- Centerpoint Energy, Inc. v. Miller County Circuit CourtSupreme Court of Arkansas · 2008
- Henry v. IrbySupreme Court of Arkansas · 1927
- Girley v. WoodSupreme Court of Arkansas · 1975
7 more not listed; retrieve them via the Exa API.