Legal Opinion

Bonanza Mining & Smelter Co. v. Ware

Supreme Court of Arkansas

Decided April 7, 1906PublishedCited by 5 opinions

Appeal from Marion Chancery Court; T. H. Humphreys, Chancellor; statement by the court. The Bonanza Mining & Smelter Company is a corporation of Virginia, authorized to do business in this State.

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Appeal from Marion Chancery Court; T. H. Humphreys, Chancellor; statement by the court. The Bonanza Mining & Smelter Company is a corporation of Virginia, authorized to do business in this State. Appellee sues it on two promissory notes for $6,000 each, dated March 23, 1901. One of the notes was payable on or before September 16, 1901, the other on or before March 16, 1902. The notes bore interest from March 16, 1901, at the rate of 8 per cent, per annum, and the interest was payable semi-annually. Each note recited that it was given “for part of the purchase money of the S. W. Ya of the N.…

1Opinion of the Court

Wood, J.,

(after stating the facts.) The various answers leave the issues in much confusion. It is clear from the complaint that only the Bonanza Mining & Smelter Company of Virginia was sued. There is nothing in the record to show that the “Bonanza Mining & Smelter Company of Arkansas,” a corporation of South Dakota, was sued. There is no order of record making it a party to the suit. No appearance vras entered by it, and no answer was filed by it. True, the decree of the court recites that the Bonanza Mining & Smelter Company of Virginia and the Bonanza Mining & Smelter Company of Arkansas…

2Cases cited5 opinions

  1. Litz v. GooslingCourt of Appeals of Kentucky · 1892
  2. McMillan v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
  3. Hopwood v. McCauslandSupreme Court of Iowa · 1903
  4. Hanly v. WattersonWest Virginia Supreme Court · 1894
  5. Johnston v. TrippeU.S. Circuit Court for the Northern District of Georgia · 1887

3Cited by5 opinions

  1. Indiana & Arkansas Lumber & Manufacturing Co. v. PharrSupreme Court of Arkansas · 1907
  2. Zearing v. Crawford, McGregor & Camby Co.Supreme Court of Arkansas · 1912
  3. Watts v. EnglandSupreme Court of Arkansas · 1925
  4. Roetzel v. ColemanCourt of Appeals of Arkansas · 2010
  5. In re HilburnUnited States Bankruptcy Court, E.D. Arkansas · 1995

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