Temple v. Lawson
Supreme Court of Arkansas
Appeal from the Circuit Court of Union county in Chancery. Hon. Abner A. Stith, Circuit Judge. After the decree had passed, discharging the complainant, the Court had no power to award his costs, without showing error, mistake, or the like, in regard to his costs. 3 Danl. Ch. P. 1553. The parties interested in this fund could not, without notice, have their rights thus affected. That the Chancellor could not allow the interpleader his solicitor’s fee.
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Appeal from the Circuit Court of Union county in Chancery. Hon. Abner A. Stith, Circuit Judge. After the decree had passed, discharging the complainant, the Court had no power to award his costs, without showing error, mistake, or the like, in regard to his costs. 3 Danl. Ch. P. 1553. The parties interested in this fund could not, without notice, have their rights thus affected. That the Chancellor could not allow the interpleader his solicitor’s fee. Dunlap vs. Hubbard, 19 Ves. 205; 3 Danl. Ch. P. 1767; Dungey vs. Angove, 2 Ves. jr. 313; Dawson vs. Hard-castle, 1 Ves. jr. 368, notes; 3 Danl.…
1Opinion of the CourtJustice Hanly
On the 9th June, 1853, the appellee, Lawson, filed his bill of interpleader, on the chancery side of the Union Circuit Court, making J. H. Temple & Co., Nelson, Bradley & Co., A. F. Dunbar & Co., J. H. Palmer & Co., Miles M. Temple, Henry C. Buckingham, James B. Kirtland, and William Holmes, defendants, and charging in his bill, in substance, that he, Lawson, on the 24th of February, 1852, made two writings obligatory, by which he bound himself to pay to J. H. Temple & Co., a portion of the defendants named in his bill, in notes, on solvent men, $5,669 89-100, on or beiore the 1st March,…
2Cases cited5 opinions
- President, Directors & Co. of the City Bank v. BangsNew York Court of Chancery · 1831
- Cowles v. WhitmanSupreme Court of Connecticut · 1834
- Randolph v. RosserSupreme Court of Alabama · 1838
- Tomlinson v. WardSupreme Court of Connecticut · 1818
- Kaye v. Bank of LouisvilleCourt of Appeals of Kentucky · 1840
3Cited by21 opinions
- Marsh & McLennan of Arkansas v. HergetSupreme Court of Arkansas · 1995
- Smiley v. ThomasSupreme Court of Arkansas · 1952
- Bowen v. Department of Social SecurityWashington Supreme Court · 1942
- Medical Liability Mutual Insurance v. Alan Curtis Enterprises, Inc.Supreme Court of Arkansas · 2008
- Nutter v. BrownWest Virginia Supreme Court · 1905
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