Fuller v. Townsly-Myrick Dry Goods Co.
Supreme Court of Arkansas
Appeal from Scott Circuit Court in Chancery. Edgar E, Bryant, Judge. Suit by Townsly-Myrick Dry Goods Company and . D. A. Wilson against E. P. Fuller, sheriff, Barton Bros., and Israel Brothers. The facts are stated by the court as follows :— The appellees petitioned the circuit court for certiorari to quash a judgment against D. A. Wilson in favor of Barton Bros., obtained in the court of Israel Brothers, a justice of the peace.
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Appeal from Scott Circuit Court in Chancery. Edgar E, Bryant, Judge. Suit by Townsly-Myrick Dry Goods Company and . D. A. Wilson against E. P. Fuller, sheriff, Barton Bros., and Israel Brothers. The facts are stated by the court as follows :— The appellees petitioned the circuit court for certiorari to quash a judgment against D. A. Wilson in favor of Barton Bros., obtained in the court of Israel Brothers, a justice of the peace. The writ of certiorari and a temporary restraining order were issued and served, but not until after the sale of. the goods by the sheriff, as mentioned hereafter.…
1Opinion of the CourtHughes, J.
(after stating the facts). The plaintiff got what he sought to obtain by his suit, i. e. the proceeds of the sale of the goods.
If the judgment of the justice of the peace was void, the appellees have not alleged or shown that they were without full, complete and adequate remedy at law. “ Equity will not enjoin a judgment merely because it is void. The plaintiff must show in his bill for injunction that he has no adequate remedy at law, either by appeal from the judgment or by certiorari, or by application to the court which rendered it, or in any other legal maimer.” Wingfield v. McLure, 48…
2Cases cited1 opinion
- Wingfield v. McLureSupreme Court of Arkansas · 1886
3Cited by6 opinions
- Sledge-Norfleet Co. v. MatkinsSupreme Court of Arkansas · 1922
- Arkansas State Highway Commission v. MunsonSupreme Court of Arkansas · 1988
- Cotten v. HamblinSupreme Court of Arkansas · 1961
- Twin City Bank v. J. S. McWilliams Auto Co.Supreme Court of Arkansas · 1931
- United States v. TaylorDistrict Court, W.D. Arkansas · 1907
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