Cockrell v. Warner
Supreme Court of Arkansas
Appeal from the Circuit Court of Lafayette county in Chancery. The Hon! Shelton Watson, Circuit Judge, presiding. The ground on which the decree was rendered in this case, was, that after answering, it was too late to object to the jurisdiction or raise the question. The principle so stated is obviously too broad.
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Appeal from the Circuit Court of Lafayette county in Chancery. The Hon! Shelton Watson, Circuit Judge, presiding. The ground on which the decree was rendered in this case, was, that after answering, it was too late to object to the jurisdiction or raise the question. The principle so stated is obviously too broad. The correct principle is that after answering and submitting himself to the jurisdiction of the court without objection, it is too late to insist that the complainants had a perfect remedy at law; unless in a case where the court of chancery was wholly incompetent to grant the…
1Opinion of the Court
Hempstead, Special Judge,
delivered the opinion of the Court. . On the 29th of April, 1847, Franklin S. "Warner filed his bill of complaint against John Cockrell, alleging in substance, that on the 27th of December 1845, the latter purchased from him a large stock of cattle and hogs, and for which he executed to him the following instrument of writing : “ On or before the first day of January, 1847, I promise to pay to F. S. Warner, or bearer, thirty-eight bales of cotton, weighing five hundred pounds each, and an average of my crop made on Long Prairie, with ten per cent interest after…
2Cases cited6 opinions
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Wilkes v. RogersNew York Supreme Court · 1810
- Dugan v. CuretonSupreme Court of Arkansas · 1837
- Moore v. SimpsonCourt of Appeals of Kentucky · 1824
- Hall v. Edrington's ExecutorsCourt of Appeals of Kentucky · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bell v. McLaughlinSupreme Court of Alabama · 1913
- Stolz v. FranklinSupreme Court of Arkansas · 1975
- David v. ShepardSupreme Court of Alabama · 1867
- Reid v. KaroleySupreme Court of Arkansas · 1960
- Allen v. Distilling Co. of AmericaNew Jersey Court of Chancery · 1917
5 more not listed; retrieve them via the Exa API.