Legal Opinion

Cooper v. Whissen

Supreme Court of Arkansas

Decided June 6, 1910PublishedCited by 7 opinions

Appeal from Pulaski Chancery Court; John B. Martineau> Chancellor; STATEMENT BY THE COURT. This suit was brought by appellees against appellant to enjoin him from erecting buildings for, and from maintaining, a wagon yard in what is alleged as a residence district of the city of Little Rock, Arkansas.

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Appeal from Pulaski Chancery Court; John B. Martineau> Chancellor; STATEMENT BY THE COURT. This suit was brought by appellees against appellant to enjoin him from erecting buildings for, and from maintaining, a wagon yard in what is alleged as a residence district of the city of Little Rock, Arkansas. After showing the location of their residences and the value thereof, appellees allege: “that Cooper leased for ten years lots 4, 5 and 6, block 148, Little Rock, being northeast corner of Rock and Fourth streets, for' a flat roof wood structure for a wagon yard where farmers and peddlers…

1Opinion of the Court

Wood, J.,

(after stating the facts), x. The decree was final. It perpetually enjoined appellant from erecting the “building according to the plans shown by the defendant and the testimony.” That was the very building the erection of which appellees sought to enjoin. They were not seeking to enjoin the erection of any other kind of a structure than that specifically described in the complaint and shown by the testimony. They did describe the kind of structure that appellant was erecting and proposing to erect, and asked that he be enjoined from erecting same and from maintaining a nuisance…

2Cases cited5 opinions

  1. Durfey v. ThalheimerSupreme Court of Arkansas · 1908
  2. Lonoke v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1909
  3. Swaim v. MorrisSupreme Court of Arkansas · 1910
  4. Terrell v. WrightSupreme Court of Arkansas · 1908
  5. West and Severns v. Ponca City Milling Co.Supreme Court of Oklahoma · 1904

3Cited by7 opinions

  1. Adams v. Commissioners of TrappeCourt of Appeals of Maryland · 1954
  2. Arkansas Release Guidance Foundation v. NeedlerSupreme Court of Arkansas · 1972
  3. City of Newport v. EmerySupreme Court of Arkansas · 1977
  4. Eddy v. ThorntonSupreme Court of Arkansas · 1943
  5. Baker v. OdomSupreme Court of Arkansas · 1975

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