Meehan v. Watson

• Decision Date: 09 April 1898
• Citation: 47 S.W. 109
• Parties: MEEHAN et al. v. WATSON.
• Court: Arkansas Supreme Court

Page 109

47 S.W. 109

MEEHAN et al. v. WATSON.

Supreme Court of Arkansas.

April 9, 1898.

Appeal from circuit court, Woodruff county, in chancery; Grant Green, Jr., Special Judge.

Actions by Meehan & McGowan against W. V. Watson, and by Charles Meehan against W. V. Watson. There was an order that the two cases be consolidated, and plaintiffs appeal. Reversed.

The following is the answer of the clerk of the court to the writ of certiorari:

"In the Woodruff Circuit Court, September 5, 1895. Meehan & McGowan vs. W. V. Watson. Came the parties by attorneys, and the motion to consolidate this cause with the case of Chas. Meehan vs. W. V. Watson, No. 729, and to transfer this cause to the equity docket, came on to be heard; and after hearing the argument of counsel, and being fully advised in the premises, it is ordered by the court that this cause be consolidated with No. 729, and that the consolidated case be transferred to the equity docket, there to be determined upon the principles of equity as No. 729 and 736 consolidated, to which order of the court in consolidating the said causes and transferring the consolidated case to the equity docket the plaintiff excepted at the time.

"State of Arkansas, County of Woodruff. I, Ed. S. Corl Lee, clerk of the Woodruff Co. circuit court, hereby certify that the above is a true, complete, and perfect copy of the order of consolidation and transfer made in law cases No. 736 and 729, and contained on Law Rec., vol. B, page 675, in my office. Witness my hand and seal, this 11th day of Mar., 1898. Ed. S. Corl Lee, Clerk, by Elmo Corl Lee, D. C."

Appellants, Meehan & McGowan, sued appellee in the circuit court upon a mutual running account for an alleged balance due of $714.49, embracing transactions between the parties of about three years' duration, amounting in the aggregate to over $4,500; and, about the same time, Charley Meehan brought suit before a justice of the peace for an alleged balance due for rents of $199.53, which cause was brought into the circuit court by appeal by the appellant Charles Meehan. At the August term of the Woodruff circuit court, 1895, at which term said suits stood for trial, appellee filed an answer to appellants' complaint, denying the indebtedness alleged, and stating that, upon a fair accounting, the balance would be in his favor. Appellee, by way of counterclaim and cross complaint, stated that Charles Meehan and John W. McGowan were partners under the firm name of Meehan & McGowan, and, as such, carried on a general mercantile business, and each of them was engaged in farming and renting land in his individual capacity; that for three years appellee rented land from Charles Meehan, obtaining...