Sanders v. W. B. Worthen Co.
Supreme Court of Arkansas
Appeal from Pulaski -Chancery Court; Jno. E. Martineau, Chancellor; STATEMENT BY THE COURT. W. B. Worthen Company, a banking corporation organized under the laws of the State of Arkansas, instituted this action in the chancery court against Gladys G. Sanders, R. G. Ortagus, agent, J. A. Alexander, trustee, and the Exchange National Blank.
Read the full summary
Appeal from Pulaski -Chancery Court; Jno. E. Martineau, Chancellor; STATEMENT BY THE COURT. W. B. Worthen Company, a banking corporation organized under the laws of the State of Arkansas, instituted this action in the chancery court against Gladys G. Sanders, R. G. Ortagus, agent, J. A. Alexander, trustee, and the Exchange National Blank. The material allegations of the complaint are as follows: That on March 31, 1915, Gladys G. Sanders drew a check for $500 payable to R. G. Ortagus, agent, or order, on the Exchange National Bank, of Little Rock, Arkansas ; that at the time Gladys G. Sanders…
1Opinion of the Court
Hart, J.,
(after stating the facts). The defendant Grladys Gr. Sanders asked that the case be transferred from the 'chancery court to the circuit court and now assigns as error the action of the chancellor in failing to transfer the cause.
Under the record as presented we need not decide whether this cause was of equitable cognizance. Section 5991 of Kirby’s Digest provides that an error of the plaintiff as to the kind of proceedings adopted shall not cause an abatement or dismissal of the action 'but merely a change into the proper proceedings by amendment in the pleadings and a transfer of…
2Cases cited4 opinions
- Rowe v. AllisonSupreme Court of Arkansas · 1908
- Fayette National Bank v. SummersSupreme Court of Virginia · 1906
- Arkansas Trust & Banking Co. v. BishopSupreme Court of Arkansas · 1915
- Southern Sand & Material Co. v. People's Savings Bank & Trust Co.Supreme Court of Arkansas · 1911
3Cited by7 opinions
- Gwin v. DanielsSupreme Court of Arkansas · 2004
- Flake v. Thompson, Inc.Supreme Court of Arkansas · 1970
- Olinger v. SandersIndiana Court of Appeals · 1931
- Weed v. Boston & Maine RailroadSupreme Judicial Court of Maine · 1925
- Brown v. Yukon National BankSupreme Court of Arkansas · 1919
2 more not listed; retrieve them via the Exa API.