Pickett v. Ferguson
Supreme Court of Arkansas
APPEAL from Mississippi Circuit Court in Chancery. Hon. J G. Frierson, Circuit Judge. 1. The final judgment in the contempt proceedings, and in refusing to allow plaintiff to plead to the cross-bill were appealable, and reviewable after final decree. 22 Ark., 499; 11 Humph., 389; 3 Heisk., 244; 3 Humph., 23. 2. The judgment in the contempt proceedings was erroneous, because: 1st. The penalty adjudged and enforced ■ was expressly forbidden by statute.
Read the full summary
APPEAL from Mississippi Circuit Court in Chancery. Hon. J G. Frierson, Circuit Judge. 1. The final judgment in the contempt proceedings, and in refusing to allow plaintiff to plead to the cross-bill were appealable, and reviewable after final decree. 22 Ark., 499; 11 Humph., 389; 3 Heisk., 244; 3 Humph., 23. 2. The judgment in the contempt proceedings was erroneous, because: 1st. The penalty adjudged and enforced ■ was expressly forbidden by statute. Gantt's Digest, Sec. 822 ; 44 Wis., 411. The rule only extends to matter of favor. 1 Paige, 466; 4Sandf. Chy., 366; 43 N. Y.,49. 2<^ No…
1Opinion of the CourtSmith, J.
In November, 1877, Ferguson & Hampson, merchants and partners, trading at Memphis, in Tennessee, accepted from Mrs. Pickett and her husband a lease of the plantation, Nodena, lying in Mississippi county, Arkansas, for the term of five years, to begin on the first of January then next ensuing. They stipulated to pay, on the first of -December in each year, a certain rent for each acre of tillable land, the area to be determined by an actual survey, and to repair the fences and buildings. They were to enjoy free of rent any land which they should themselves clear and put into cultivation; but…
2Cases cited11 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- St. Clair v. CoxSupreme Court of the United States · 1882
- D'Arcy v. KetchumSupreme Court of the United States · 1851
- Board of Public Works v. Columbia CollegeSupreme Court of the United States · 1873
- Hetzel v. . BarberNew York Court of Appeals · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Ferguson v. GreenSupreme Court of Arkansas · 1979
- Ellsworth v. BradfordCalifornia Supreme Court · 1921
- Rader v. StubblefieldWashington Supreme Court · 1906
- Campbell v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1905
- Milheim v. BaxterSupreme Court of Colorado · 1909
40 more not listed; retrieve them via the Exa API.