Maxwell v. Felker
Supreme Court of Arkansas
Appeal from Benton Chancery Conrt; B. F. McMa-han, Chancellor; 1. The cause was transeferred to equity, and appel-lee, saving no exceptions to the order and having subsequently filed equitable defenses, can not now object. 74 Ark. 81; 92 Id. 46 ; 101 Id. 461; 105 Id. 669; 123 Id. 255. 2. Appellant did except to the transfer, and it was error to dismiss the cause if plaintiff was entitled to any relief at law or equity. 93 Ark. 376; 139' Id. 90 ; 107 Id. 70; 87 Id. 206. 3. It…
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Appeal from Benton Chancery Conrt; B. F. McMa-han, Chancellor; 1. The cause was transeferred to equity, and appel-lee, saving no exceptions to the order and having subsequently filed equitable defenses, can not now object. 74 Ark. 81; 92 Id. 46 ; 101 Id. 461; 105 Id. 669; 123 Id. 255. 2. Appellant did except to the transfer, and it was error to dismiss the cause if plaintiff was entitled to any relief at law or equity. 93 Ark. 376; 139' Id. 90 ; 107 Id. 70; 87 Id. 206. 3. It is not necessary that a contract in writing, not within the statute of frauds, shall express a consideration, as it may…
1Opinion of the CourtWood, J.
On Janaury 20, 1920, the appellant, as bank commissioner of the State of Arkansas, filed in the Benton Circuit Court an “amended complaint” in which he alleged “that the affairs of the Citizens Bank of Rogers, Benton County, Arkansas, were, .on the 16th day of July, 1914, duly placed in charge of the Bank Commissioner of the State of Arkansas as an insolvent bank, for the purpose of liquidating its affairs, and that all of its assets were taken charge of by the Bank Commissioner, who has since that time been liquidating the same, but its affairs have never been fully liquidated and wound up.…
2Cases cited4 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- Jones v. LewisSupreme Court of Arkansas · 1909
- Massey v. DixonSupreme Court of Arkansas · 1907
- New York Life Insurance v. AllenSupreme Court of Arkansas · 1920
3Cited by2 opinions
- Dixon v. CommissionerUnited States Tax Court · 1965
- Dixon v. CommissionerUnited States Tax Court · 1965