Memphis & Little Rock Railroad Company v. Organ

• Decision Date: 15 February 1902
• Citation: 66 S.W. 922,70 Ark. 195
• Parties: MEMPHIS & LITTLE ROCK RAILROAD COMPANY v. ORGAN
• Court: Arkansas Supreme Court

66 S.W. 922

70 Ark. 195

MEMPHIS & LITTLE ROCK RAILROAD COMPANY v. ORGAN

Supreme Court of Arkansas

February 15, 1902

Appeal from Crittenden Circuit Court in Chancery, FELIX G. TAYLOR Judge.

Reversed and dismissed.

In 1894 Thresa L. Organ and others obtained a decree in the Crittenden chancery court against the Memphis & Little Rock Railroad Company, as reorganized. On September 12, 1895 appellees, Charles H. Organ and others, being the same parties in interest as the plaintiffs in the former suit filed their complaint herein against the Memphis & Little Rock Railroad Company, as Reorganized, and others, in which they set forth the rendering of said decree, and alleged that the railroad company was insolvent and that its railway and other property by foreclosure had passed into the hands of the Little Rock & Memphis Railroad Company, and asked that said railway and other property be subjected to the payment of said decree.

On a final hearing of this cause in the court below the court rendered a decree in accordance with the prayer of the complaint. On appeal therefrom appellants moved to dismiss the cause on the ground that, since the suit was brought, the decree in the case of Thresa L. Organ and others against the Memphis & Little Rock Railroad Company, as Reorganized, was appealed to the supreme court, and a decree entered therein reversing the decree of the lower court and remanding the cause for a new trial.

Reversed and dismissed.

Rose, Hemingway & Rose, for appellants.

Randolph & Randolph and T. B. Turley, for appellees.

OPINION

BUNN, C. J.

This suit is ancillary to the suit of Theresa L. Organ et al which had but recently been determined in the Crittenden circuit court when this cause was instituted therein, and an appeal had been taken to this court, and styled here the Memphis & Little Rock Railroad Company as Reorganized v. Organ, 67 Ark. 84; that is to say, it is confessedly based upon the decree of the court below in the former suit. That suit was determined in this court on the 14th of October, 1899, and on that day was reversed and remanded. (67 Ark. 84). The only question involved in the opinion rendered was the application of the statute of limitations, and it was proved as a fact in the case that the action was barred as to all the claimants in the case, except seven or eight of the more remote heirs under disabilities of one kind or another at the time the...