Organ v. Memphis & Little Rock Railroad
Supreme Court of Arkansas
APPEAL from Crittenden Circuit Court in Chancery. W. H. Cate, Judge. 1. That plaintiff’s remedy was at law is no ground to dismiss the bill for want of equity. The cause should have been transferred and have proceeded on its merits. Sec. 4925 Manf. Dig.; Ib., secs. 4927-8. The error, if any, was waived by the failure to move for its correction. 26 Ark., 54; 31 Id., 411, 422; 32 Id., 562. See also 13 Ark., 193 ; 14 Id., 50; 15 Id., 307; 17 Id., 340; 18 Id., 583; 2 Johns.
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APPEAL from Crittenden Circuit Court in Chancery. W. H. Cate, Judge. 1. That plaintiff’s remedy was at law is no ground to dismiss the bill for want of equity. The cause should have been transferred and have proceeded on its merits. Sec. 4925 Manf. Dig.; Ib., secs. 4927-8. The error, if any, was waived by the failure to move for its correction. 26 Ark., 54; 31 Id., 411, 422; 32 Id., 562. See also 13 Ark., 193 ; 14 Id., 50; 15 Id., 307; 17 Id., 340; 18 Id., 583; 2 Johns. Ch’y, 369; 4 Cold., 370; 5 Id., 240. 2. The appropriate remedy was in equity, because a court of law was inadequate to…
1Opinion of the CourtBattle, J.
On the 3rd day of August, 1880, the appellants commenced this action against appellee in the Crittenden circuit court, on its equity side. They allege in their complaint that Marcus B. Winchester and John Overton jointly owned the north half of Spanish grant, No. 2337, in township 6 north, ranges 9 and 10 east, and fronting on the west bank of the Mississippi river, in Crittenden county, Arkansas, just opposite the upper part of the city of Memphis; that Winchester died in the year 1856, leaving a last will and testament; that the land had been divided between Overton and the devisees of…
2Cases cited18 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- United States v. Great Falls Manufacturing Co.Supreme Court of the United States · 1884
- Williams v. McMillanOhio Supreme Court · 1849
- Memphis & Little Rock Railroad v. Railroad CommissionersSupreme Court of the United States · 1884
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
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3Cited by45 opinions
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Towson v. DensonSupreme Court of Arkansas · 1905
- Aylmore v. City of SeattleWashington Supreme Court · 1918
- Arlington Hotel Co. v. RectorSupreme Court of Arkansas · 1916
40 more not listed; retrieve them via the Exa API.