Greer v. Newbill
Supreme Court of Arkansas
Appeal from Pulaski Chancery Cdurt; John B. Martineau, Chancellor; 1. On the overruling of the demurrer, it was error to render judgment for damages without impaneling a jury and taking proof as to the amount of the damages, if any, sustained. 8 Ark. 345; Kirby’s Dig. § 6240; 9 Ark. 364; 2 Ark. 390; 6 Ark. 497; xo Ark. 258; 29 Ark. 372; 13 Cyc. 220-1; 39 Ark. 491. 2. The chancery court was without jurisdiction.
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Appeal from Pulaski Chancery Cdurt; John B. Martineau, Chancellor; 1. On the overruling of the demurrer, it was error to render judgment for damages without impaneling a jury and taking proof as to the amount of the damages, if any, sustained. 8 Ark. 345; Kirby’s Dig. § 6240; 9 Ark. 364; 2 Ark. 390; 6 Ark. 497; xo Ark. 258; 29 Ark. 372; 13 Cyc. 220-1; 39 Ark. 491. 2. The chancery court was without jurisdiction. It will not interfere to prevent a party from selling his claim to another out of the State, nor to prevent him from prosecuting his legal remedies in this or another State. Daw courts…
1Opinion of the CourtBattue, J.
This suit was brought by L .W. Newbill against W. L. Greer, J. H. Kinsworthy, C. M. Dart, C. L. Silverthorne, and St. Louis, Iron Mountain & Southern Railway Company; and for cause of complaint plaintiff alleges that J. H. Kinsworthy, by his attorney, W. L. Greer, brought an action against him before C. L. Silverthorne, a justice of the peace of Pulaski County, to recover a debt of $25 alleged to be due Kinsworthy; that on the 10th day of January, 1907, all parties appearing, the action came on for trial, and was dismissed as to Newbill; that Greer and Silverthorne entered into a conspiracy…
2Cited by10 opinions
- Kohlenberger, Inc. v. Tyson's Foods, Inc.Supreme Court of Arkansas · 1974
- Payne v. StocktonSupreme Court of Arkansas · 1921
- Hogue v. HogueSupreme Court of Arkansas · 1919
- Ferri v. BraunSupreme Court of Arkansas · 1963
- Greer v. StrozierSupreme Court of Arkansas · 1909
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