Hayes v. Bishop
Supreme Court of Arkansas
Appeal from Washington Chancery Court; Ben P. McMahan, Chancellor; 1. This is a suit for money had and received and cognizable only in a court of law, and the chancery'court had no jurisdiction. 89 Ark. 3.85; 85 Id. 439. 2. There is not sufficient evidence or facts in the record for this court to go behind the settlement made. 15 Ark. 51; 101 Id. 335; 75 Id. 266. No offer to refund was made. 62 Id. 274; 74 Id. 270. There was no clear and satisfactory evidence of fraud or…
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Appeal from Washington Chancery Court; Ben P. McMahan, Chancellor; 1. This is a suit for money had and received and cognizable only in a court of law, and the chancery'court had no jurisdiction. 89 Ark. 3.85; 85 Id. 439. 2. There is not sufficient evidence or facts in the record for this court to go behind the settlement made. 15 Ark. 51; 101 Id. 335; 75 Id. 266. No offer to refund was made. 62 Id. 274; 74 Id. 270. There was no clear and satisfactory evidence of fraud or mistake. 88 Id. 363. 1. The court had jurisdiction. The demurrer did not raise a jurisdictional question that is prohibited…
1Opinion of the CourtSmith, J.
Appellant is the sole heir at law of W. W. Bishop, who died intestate in Washington County, August 13, 1916, leaving the appellee surviving him as his widow and the stepmother of appellant. Bishop owned at the time of his death real estate of the value of fifteen thousand dollars and personal property worth between two and three thousand dollars, and owed between four and seven hundred dollars in unsecured debts. The widow was appointed administratrix and took charge of all the property and was administering the estate when suit was filed by appellant in the chancery court, praying a…
2Cases cited1 opinion
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
3Cited by6 opinions
- Whitten Developments, Inc. v. AgeeSupreme Court of Arkansas · 1974
- McIlvenny v. HortonSupreme Court of Arkansas · 1957
- Newell Contracting Co. v. McConnellSupreme Court of Arkansas · 1923
- Taylor v. Bank of MulberrySupreme Court of Arkansas · 1928
- Southern Surety Co. v. Pfeifer Stone Co.Supreme Court of Arkansas · 1927
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