McDaniel v. Orner
Supreme Court of Arkansas
Appeal from Nevada Chancery Court; James D. Shaver, Chancellor; 1. The complaint alleges facts sufficient to constitute a cause of action. The agreement was a lawful one. 6 Words & Phrases, 5612, “Prize.” 2. The court had jurisdiction. There was no adequate remedy at law. Appellees -were trustees for contestants. 27 Am. & Eng. Enc.
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Appeal from Nevada Chancery Court; James D. Shaver, Chancellor; 1. The complaint alleges facts sufficient to constitute a cause of action. The agreement was a lawful one. 6 Words & Phrases, 5612, “Prize.” 2. The court had jurisdiction. There was no adequate remedy at law. Appellees -were trustees for contestants. 27 Am. & Eng. Enc. Law, (1 Ed.) 11 and 12. Chancery always enforces a trust, and interferes to prevent or correct fraud. 75 Ark. 52; 77 Id. 570; 37 Id. 286; 34 Id. 410; 30 Id. 86; 33 Id. 429; 14 Pet. 114. 3. If the chancery court had no jurisdiction, it should have transferred the…
1Opinion of the Court
McCuuroch:, C. J.
Appellees are the proprietors, editors and publishers of two newspapers, a weekly and a daily, in the city of Prescott, Arkansas, and in order to swell the list of subscribers to said papers they offered a prize to contestants who should receive the highest number of votes in what was termed a “popularity contest,” the privilege of casting a certain number of votes to be accorded to each cash subscriber. The circulation territory was divided into seven districts, and a prize was allotted to each district, and also two grand prizes for the whole territory, the first consisting…
2Cases cited1 opinion
- Leonard v. Board of Directors of Plum Bayou Levee DistrictSupreme Court of Arkansas · 1906
3Cited by7 opinions
- Orr v. OrrSupreme Court of Arkansas · 1944
- Strasner v. StrasnerSupreme Court of Arkansas · 1960
- Hyde Vending Co. v. Wayne Poultry Co.Supreme Court of Arkansas · 1972
- Smith v. OrsbunCourt of Appeals of Arkansas · 2024
- Millsaps v. UrbanSupreme Court of Arkansas · 1914
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