Martin v. Hempstead County Levee District No. 1
Supreme Court of Arkansas
Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. Appellant instituted this action in the circuit court to recover the sum of $1,864.86 on an alleged balance due and unpaid under a contract for the construction of a levee along Red River in Hempstead County, and for the sum of $1,000 .alleged to be due on account of .appellee’s failure to perform its part of said contract.
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Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. Appellant instituted this action in the circuit court to recover the sum of $1,864.86 on an alleged balance due and unpaid under a contract for the construction of a levee along Red River in Hempstead County, and for the sum of $1,000 .alleged to be due on account of .appellee’s failure to perform its part of said contract. A copy of the contract, plans and specifications is exhibited with the complaint. The appellee filed an answer and cross complaint, in which it asked that the cause he transferred to…
1Opinion of the Court
Hart, J.,
(after stating the facts). Counsel for appellant first earnestly insist that the court erred in transferring the cause to equity over her objections. To sustain their contention, counsel cite the case of Stewart v. Fleming, 96 Ark. 371, where this court held: “In a suit upon a contract an answer alleging that the contract was procured by fraud sets up a defense available at law, and there was no error in refusing to transfer the case to equity.” We do not think the case in point. There the plaintiff sought to recover a sum of money alleged to be due under a certain provision of a…
2Cases cited2 opinions
- Mitchell Manufacturing Co. v. KempnerSupreme Court of Arkansas · 1907
- Stewart v. FlemingSupreme Court of Arkansas · 1910
3Cited by9 opinions
- Welch v. WelchSupreme Court of Arkansas · 1918
- Clay v. BrandSupreme Court of Arkansas · 1963
- McKleroy v. DishmanSupreme Court of Alabama · 1932
- Fawcett v. RhyneSupreme Court of Arkansas · 1933
- Dockstader v. GibbsSupreme Court of Oklahoma · 1912
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