Sturdivant v. Reese
Supreme Court of Arkansas
Appeal from Howard Chancery Court; James D. Shaver, Judge; 1. On appeal to this court the trial of a chancery case is de novo. 73 Ark. 187; 75 Ark. 72; 76 Ark. 153; 105 U. S. 265. Such being the case, when the former appeal was taken, 'that procedure necessarily took the cause entirely out of and beyond the control of the lower court, and brought the same entirely into this court for trial as though it had never been tried, and it has never been remanded for any purpose.
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Appeal from Howard Chancery Court; James D. Shaver, Judge; 1. On appeal to this court the trial of a chancery case is de novo. 73 Ark. 187; 75 Ark. 72; 76 Ark. 153; 105 U. S. 265. Such being the case, when the former appeal was taken, 'that procedure necessarily took the cause entirely out of and beyond the control of the lower court, and brought the same entirely into this court for trial as though it had never been tried, and it has never been remanded for any purpose. The judgment on the supersedeas bond was in lieu of the decree of the lower court directing the money to be paid. 2.…
1Opinion of the CourtMcCulloch, J.
This appeal grows out of a continuation of the litigation set forth in the case of Sturdivant v. McCorley, 83 Ark. 278. In that case we adjudicated the rights of Mrs. McCorley, holding that she had a lien on a fifth of certain lands which had been sold for partition in another suit then pending in the chancery court of Howard County and could, by intervention in that suit, recover one-fifth of the proceeds of sale then held by the commissioners of the court.
While the money arising from said sale remained undistributed in the hands of the commissioners of court, Mrs. McCorley filed her…
2Cases cited3 opinions
- Sturdivant v. McCorleySupreme Court of Arkansas · 1907
- Craig v. MeriwetherSupreme Court of Arkansas · 1907
- Miller v. NuckollsSupreme Court of Arkansas · 1905
3Cited by4 opinions
- Davis v. LawhonSupreme Court of Arkansas · 1932
- Kapp v. Bob Sullivan Chevrolet Co.Supreme Court of Arkansas · 1960
- DWB, LLC v. D & T Pure TrustCourt of Appeals of Arkansas · 2018
- Cain v. CarlleeSupreme Court of Arkansas · 1926