Legal Opinion

Nunn v. Robertson

Supreme Court of Arkansas

Decided October 22, 1906PublishedCited by 11 opinions

Mandamus to Woodruff Chancery Court; Edward D. Robertson, Chancellor; 1. The question as to notice of filing mandate and supplemental pleadings is settled by the facts that the cause was continued for three terms, and counsel for the guardian and executor filed an answer for all the defendants, including the minor.

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Mandamus to Woodruff Chancery Court; Edward D. Robertson, Chancellor; 1. The question as to notice of filing mandate and supplemental pleadings is settled by the facts that the cause was continued for three terms, and counsel for the guardian and executor filed an answer for all the defendants, including the minor. No particular notice is required; Kirby’s Digest, § 6174. 2. The judgment in Nunn v. Lynch, 73 Ark. 20, is final; the directors to the lower court are specific; and there is nothing for the chancellor to do but obey the mandate. The inferior court can not alter, review or modify…

1Opinion of the CourtHill, C. J.

This is a petition of J. M. Nunn and others for a mandamus to require Honorable Edward D. Robertson, as chancellor in the Woodruff Chancery Court, to render a decree in favor of the petitioners against Fred Becton and other defendants in a case determined in this court, wherein these petitioners were the appellants and Lynch, as guardian of said Becton, and the said Becton and others were appellees, which case was reported as Nunn v. Lynch, 73 Ark. 20.

The response of the chancellor sets forth fully and in detail a history of the litigation, and says that no notice of the filing of the mandate…

2Cases cited4 opinions

  1. Moore v. WoodallSupreme Court of Arkansas · 1882
  2. Nunn v. LynchSupreme Court of Arkansas · 1904
  3. Young v. HinerSupreme Court of Arkansas · 1904
  4. Freeman v. RussellSupreme Court of Arkansas · 1882

3Cited by11 opinions

  1. People Ex Rel. Noonan v. WingateIllinois Supreme Court · 1941
  2. Gannon v. MooreSupreme Court of Arkansas · 1907
  3. Centerpoint Energy, Inc. v. Miller County Circuit CourtSupreme Court of Arkansas · 2008
  4. Spriggs v. Altheimer, Arkansas School District No. 22Court of Appeals for the Eighth Circuit · 1967
  5. Johnson v. JohnsonSupreme Court of Arkansas · 1907

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