Legal Opinion

McDaniel v. Orner

Supreme Court of Arkansas

Decided June 21, 1909PublishedCited by 7 opinions

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

  1. Leonard v. Board of Directors of Plum Bayou Levee DistrictSupreme Court of Arkansas · 1906

3Cited by7 opinions

  1. Orr v. OrrSupreme Court of Arkansas · 1944
  2. Strasner v. StrasnerSupreme Court of Arkansas · 1960
  3. Hyde Vending Co. v. Wayne Poultry Co.Supreme Court of Arkansas · 1972
  4. Smith v. OrsbunCourt of Appeals of Arkansas · 2024
  5. Millsaps v. UrbanSupreme Court of Arkansas · 1914

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