Henson & Sons Coal Co. v. Strickland
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; J. V. Bourland, Chancellor; 1. It was an abuse of discretion, and highly prejudicial, to limit the number of witnesses to two on each side. 116 Am. State Rep. 516; 42 111. App. 553; 83 Id. 329; 98 Id. 444; 26 R. C. L. 1033-4, § 37; 97 S. W. (Mo.) 867. 2. The decree was erroneous in that it granted relief not prayed for in the complaint.
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Appeal from Sebastian Chancery Court; J. V. Bourland, Chancellor; 1. It was an abuse of discretion, and highly prejudicial, to limit the number of witnesses to two on each side. 116 Am. State Rep. 516; 42 111. App. 553; 83 Id. 329; 98 Id. 444; 26 R. C. L. 1033-4, § 37; 97 S. W. (Mo.) 867. 2. The decree was erroneous in that it granted relief not prayed for in the complaint. Even under a prayer for general relief, the court cannot go outside the case made by the pleadings. 1 Black on Judgments, 2nd Ed. § 141. 3. The contract involved here is to be interpreted in the light of the intent of the…
1Opinion of the CourtWood, J.
The Western Coal & Mining Company was the owner of coal underlying the NW% of the SW% and the NE% of the SW% of section 31, township 7 N, range 31 west, in Sebastian County, Arkansas. On the 22nd of June, 1915, the Western. Coal & Mining Company executed a coal mining lease upon the above lands to the Mama Coal Company, a corporation. On the 20th of February, 1919, the latter company sub-leased a part of its coal and mining lease to J. L. Henson, J. W. Strickland and Edgar McDonald. McDonald soon thereafter sold his interest to his partners, J. L. Henson and J. W. Strickland. Henson and…
2Cases cited7 opinions
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- Village of South Danville v. JacobsAppellate Court of Illinois · 1891
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