Legal Opinion

Choctaw & Memphis Railroad v. Sullivan

Supreme Court of Arkansas

Decided March 15, 1902PublishedCited by 5 opinions

Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. On the 8th day of November, 1899, the appellee, W. A. Sullivan, filed in the Sebastian circuit court, Greenwood district, his complaint against'Graham & Miller and the Choctaw & Menrphis Railroad Company, to enforce a subcontractor’s lien. From a judgment in plaintiff’s favor the railroad company has appealed.

Read the full summary

Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. On the 8th day of November, 1899, the appellee, W. A. Sullivan, filed in the Sebastian circuit court, Greenwood district, his complaint against'Graham & Miller and the Choctaw & Menrphis Railroad Company, to enforce a subcontractor’s lien. From a judgment in plaintiff’s favor the railroad company has appealed. The Choctaw Construction Company was a necessary party to the suit. 34 Pac. 1113; 31 Pac. 187; 36 Pac. 445; 39 Pac. 1096; 32 N. W. 374; 28 Pac. 707; 17 N. W. 62; 59 Tex. 587; 59 Ark. 85; 78 Cal. 193. The…

1Opinion of the CourtHughes, J.

The evidence in this case shows that on the 29th of November, 1898, the Choctaw & Memphis Eailroad Company made a contract with the Choctaw Construction Company for the construction of its road from Little Eock, Arkansas, to the Indian Territory line; that on the 12th of December, 1898, the Choctaw Construction Company entered into a contract with Graham & Miller to furnish all the ties necessary to be used in the work; that a short time afterward, to-wit, on the 1st day of January, 1899, or about that time, the appellee claims to have entered into a contract with Graham & Miller to furnish…

2Cases cited1 opinion

  1. Parker v. Massachusetts RailroadMassachusetts Supreme Judicial Court · 1874

3Cited by5 opinions

  1. Union Indemnity Co. v. Forgey & HansonSupreme Court of Arkansas · 1927
  2. E. O. Barnett Bros. v. Western Assurance Co.Supreme Court of Arkansas · 1920
  3. Chicago, Rock Island & Pacific Railway Co. v. MooreSupreme Court of Arkansas · 1909
  4. Louisiana & Northwest Railroad v. StateSupreme Court of Arkansas · 1905
  5. Choctaw & Memphis Railroad v. Speer Hardware Co.Supreme Court of Arkansas · 1902

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API