Cunningham v. Stockton

Sam Robinson, Associate Justice.

Appellants, Bill Cunningham and Harold Berg, filed this action in the Chancery Court to enjoin Roy Stockton, County Judge of Polk County, from “using, loaning, letting, hiring, or otherwise using” county road machinery in making improvements for private citizens. It appeared that the County Court had approved the action of the County Judge in the use of the equipment and the Chancellor ruled that the Chancery Court did not have jurisdiction to grant the relief sought; that such jurisdiction was in the Circuit Court.'

The issue on appeal is whether the Chancery…