French v. Vanatta
Supreme Court of Arkansas
Appeal from Washington Chancery Court; T. H. Humphreys, Chancellor; x. The court was without jurisdiction to order the sale on the mere ex parte petition of the surviving partners. 26 Ark. 135; 26 Ark. 154; 54 Ark. 395. Parsons on Part. § 440; 48 Ark. 557; 36 Ark: 465.; 74 Pa. 391; 64 N. Y. 472; 48 L. R. A. 299; 2 Barb. Ch. 165; 15 Enc.
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Appeal from Washington Chancery Court; T. H. Humphreys, Chancellor; x. The court was without jurisdiction to order the sale on the mere ex parte petition of the surviving partners. 26 Ark. 135; 26 Ark. 154; 54 Ark. 395. Parsons on Part. § 440; 48 Ark. 557; 36 Ark: 465.; 74 Pa. 391; 64 N. Y. 472; 48 L. R. A. 299; 2 Barb. Ch. 165; 15 Enc. PI. & Pr. 1077; Id. 1074. The administrator, widow and heirs of the deceased partner being necessary parties to the petition of the surviving partners, their non-joinder is ground for reversal, even if objection had not been raised .in the lower court. 15 Enc.…
1Opinion of the CourtHire, C. J.
John C. Vanatta and Fred Rose and C. J. French, of Brookston, Indiana, formed a partnership to conduct a canning business at Prairie Grove, Washington County, Arkansas, and French moved to Prairie Grove to take charge of the installation of the plant and the management of the business, and was to receive $100 a month as managing partner. The financial interests of the partnership were to be principally looked after by Vanatta and Rose, who were interested in banking and other large affairs in Brookston. Each partner was to contribute $7,500 to the partnership. Vanatta and Rose contributed…
2Cases cited5 opinions
- Coolidge v. BurkeSupreme Court of Arkansas · 1901
- Hill v. DraperSupreme Court of Arkansas · 1891
- Freeman v. RussellSupreme Court of Arkansas · 1882
- In re SimmonsSupreme Court of Arkansas · 1892
- Nichol v. StewartSupreme Court of Arkansas · 1880
3Cited by8 opinions
- Johnson v. JohnsonSupreme Court of Arkansas · 1907
- Kitchens v. JonesSupreme Court of Arkansas · 1908
- Sutton v. McClainSupreme Court of Arkansas · 1936
- Bonner v. CoburnSupreme Court of Arkansas · 1924
- Burnett v. TiptonCourt of Appeals of Texas · 1935
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