Blake v. Scott
Supreme Court of Arkansas
Appeal from Nevada Chancery Court; James D. Shaver, Chancellor; 1. Appellee is not entitled to recover because he did not contract for the building of the curb. 2. It was not appellee’s duty, under the circumstances, to build the curb. 3. It is inequitable to compel appellant to bear the extra, expense due to the inequalities of sidewalk improvements on the street in question, caused by the grading and ditching done by the city of Prescott.
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Appeal from Nevada Chancery Court; James D. Shaver, Chancellor; 1. Appellee is not entitled to recover because he did not contract for the building of the curb. 2. It was not appellee’s duty, under the circumstances, to build the curb. 3. It is inequitable to compel appellant to bear the extra, expense due to the inequalities of sidewalk improvements on the street in question, caused by the grading and ditching done by the city of Prescott. The statute expressly requires uniformity. Kirby’s Dig., § 5593; 17 Atl. 139; 53 Ark. 500. I. The city of Prescott is not liable. It was not a party to…
1DissentBattle, J.
The Constitution of this State provides : ‘.‘Until the General Assembly shall deem it expedient to establish courts of chancery, the circuit courts shall have jurisdiction in matters of equity, subject to appeal to the Supreme Court, in such manner as may be prescribed by law.” Art. 7, § 15. And further provides that the General Assembly may establish separate courts of chancery when deemed expedient. Art. 7, § 1. That it has done. Such courts were vested only with jurisdiction in matters of equity. The Legislature could vest them with no other.
„ Before the enactment of the “Code of Practice…
2Cases cited12 opinions
- Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
- Jacks v. MooreSupreme Court of Arkansas · 1878
- Apperson & Co. v. FordSupreme Court of Arkansas · 1861
- Frank v. FrankSupreme Court of Arkansas · 1908
- Grimmett v. AskewSupreme Court of Arkansas · 1886
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