Legal Opinion

Union Sawmill Co. v. Felsenthal Land & Townsite Co.

Supreme Court of Arkansas

Decided December 9, 1907PublishedCited by 8 opinions

Appeal from Union Chancery Court; B. 0. Mahoney, Chancellor. The supersedeas issued by the clerk should be quashed. A decree for a perpetual injunction can not 'be superseded. Kirby’s Digest, § § 1216, 1222, 1218; 73 Ark. 67, 70; 77 Id. 580; 2 Cyc. 913-14; 10 Wall. 273; 109 U. S. 150.

1Opinion of the Court

Prr Curiam.

The material part of the judgment in this case is as follows: “That the Union Sawmill Company is a corporation engaged in the manufacture of lumber, and for more than one year prior to the institution of this suit it had unlawfully and without right operated its log train across the said land in controversy, the property of the plaintiff, for the purpose of conveying logs to their saw mill; that said trespass has contifiued for some length of time, and will continue unless prevented by order of this court; and that the Union Sawmill Company should be perpetually restrained from…

2Cases cited1 opinion

  1. Payne v. McCabeSupreme Court of Arkansas · 1881

3Cited by8 opinions

  1. Ford v. StateCourt of Appeals of Texas · 1919
  2. Sena v. District Court of Fourth Judicial DistrictNew Mexico Supreme Court · 1925
  3. State ex rel. Phoenix Loan Co. v. MarshNebraska Supreme Court · 1941
  4. Todd v. Asamblea Municipal de San JuanSupreme Court of Puerto Rico · 1930
  5. Gallup v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1923

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