Weaver v. Leatherman
Supreme Court of Arkansas
Petition for Prohibition to Gai’land Chancery Court. Leland Leatherman, Chancellor. As to when chancery and circuit courts had concurrent jurisdiction before the adoption of the code, see.-. 6 Ark. 317; ib. 79. Where the common-law jurisdiction of chancery was not exclusive, the code does not authorize a suitor to shift his action from a court of law to one of equity.
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Petition for Prohibition to Gai’land Chancery Court. Leland Leatherman, Chancellor. As to when chancery and circuit courts had concurrent jurisdiction before the adoption of the code, see.-. 6 Ark. 317; ib. 79. Where the common-law jurisdiction of chancery was not exclusive, the code does not authorize a suitor to shift his action from a court of law to one of equity. Sand. & H. Dig. §§ 5608-9, 5615. Nor will a transfer be allowed as to issues not cognizable in chancery, merely because the answer sets np equitable defenses. Sand. & H. Dig. §§ 5619-20; 44 Ark. 478; 59 Ark. 409; 46 Ark. 273; 49…
1Opinion of the Court
Bunn, C. 3.
This is a petition for a writ of prohibition against the respondent, Leland Leatherman, as chancellor of the third chancery district, to restrain and prohibit him, as such chancellor, from proceeding further to hear and determine the cause of the First National Bank of Hot Springs, in said district, against the ijetitioner, Charles H. Weaver.
Said suit of the First National Bank against Charles H. Weaver was on a promissory note for $4,000, signed by Weaver and one Klein, and delivered to the bank, instituted 15th of September, 1896, in the Garland circuit court. On the 30th of…
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