Dobbs v. Holland
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Greenwood District; J. V. Bourland, Chancellor; 1. The court has jurisdiction because (1) plaintiff has no adequate remedy at law; (2) it will prevent multiplicity of suits, and (3) plaintiffs and defendants occupy the relation of cestui que trust and trustee, and equitable remedy is sought to prevent the wrongful use of trust funds.
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Appeal from Sebastian Chancery Court, Greenwood District; J. V. Bourland, Chancellor; 1. The court has jurisdiction because (1) plaintiff has no adequate remedy at law; (2) it will prevent multiplicity of suits, and (3) plaintiffs and defendants occupy the relation of cestui que trust and trustee, and equitable remedy is sought to prevent the wrongful use of trust funds. Kirby’s Digest, § 1493; 4 Ark. 302; 8 Id. 57; 146 Fed. 8; 134 U. S. 338; 30 Ark. 109; art. 16, sec. 13, Const. 1874; 34 Ark. 603-7; 4 Pom. Eq. Jur. (4 Ed.), Ch. 18, § § 1762, 177(8, 1767; 101 U. S. 601; 53 Ark. 37; 52 Id.…
1Opinion of the Court
SMITH, J.(1) This action was instituted by appellant as a taxpayer of 'Sebastian County, which is in the 12th Judicial Circuit, to enjoin the issuance and payment of warrants out of county funds to the prosecuting attorney for salary and expenses of his office under an act of the G-eneral Assembly approved March 22, 1919 (Acts 1919, p. 248), placing that officer on a salary and making certain allowances for the expense of his office and for the services of deputies. This suit questions the constitutionality of that act. Several grounds of attack involve the questions which have been so…
2Cases cited3 opinions
- Griffin v. RhotonSupreme Court of Arkansas · 1907
- Cain v. Woodruff CountySupreme Court of Arkansas · 1909
- Quinn v. ReedSupreme Court of Arkansas · 1917
3Cited by11 opinions
- Standard Oil Co. v. BrodieSupreme Court of Arkansas · 1922
- Adams v. SpillyardsSupreme Court of Arkansas · 1933
- Logan v. StateSupreme Court of Arkansas · 1921
- Morrow v. StraitSupreme Court of Arkansas · 1932
- Simes v. CrumblySupreme Court of Arkansas · 2006
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