Gilbert v. Shaver
Supreme Court of Arkansas
Mandamus to Howard Chancery Court; James D. Shaver, Chancellor; 1. The answer and cross-complaint state facts entitling defendant to relief in equity.
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Mandamus to Howard Chancery Court; James D. Shaver, Chancellor; 1. The answer and cross-complaint state facts entitling defendant to relief in equity. (1) Fraud, 29 Ark. 612, 617. Relief by injunction. 29 Ark. 139, 141; 74 Ark. 421, 425; 77 Ark. 221. All the necessary allegations are made. 46 Ark. 96, 102; 48 Ark. 312, 316; 56 Ark. 93-95. 2. A railroad cannot exercise the right of eminent domain' for private use. 57 Ark. 359; 74 Ark. 425. If it attempts it, it may be enjoined. 76 Ark. 239; 43 Ark. 11. 3. As the chancery court had jurisdiction, it should administer complete and adequate…
1Opinion of the CourtBattle, J.
This is an original action in this court for a writ or order commanding the Hon. James D. Shaver, chancellor of the chancery court of Howard County, in the Sixth Chancery District of Arkansas, for a writ of procedendo or order from this court directing and requiring the said chancellor to take cognizance of and try the cause of DeQueen & Eastern Railroad Company v. P. S. Gilbert, brought to the February, 1909, term of the Howard Circuit Court, and by that court transferred to the chancery court of Howard County upon the filing of an answer and cross-complaint by the defendant setting up facts…
2Cases cited7 opinions
- Cahill v. Superior Court of S.F.California Supreme Court · 1904
- De La Beckwith v. Superior CourtCalifornia Supreme Court · 1905
- In Re Connaway as Receiver of the Moscow National BankSupreme Court of the United States · 1900
- In Re GrossmayerSupreme Court of the United States · 1900
- Temple v. Superior CourtCalifornia Supreme Court · 1886
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3Cited by20 opinions
- City of Little Rock v. RainesSupreme Court of Arkansas · 1967
- Burton v. WardSupreme Court of Arkansas · 1951
- Automatic Weighing Co. v. CarterSupreme Court of Arkansas · 1910
- Cloth v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. FaisstSupreme Court of Arkansas · 1911
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