Nashville Lumber Co. v. Corbell

Decision Date16 December 1907
Citation106 S.W. 677,84 Ark. 596
PartiesNASHVILLE LUMBER COMPANY v. CORBELL
CourtArkansas Supreme Court

Appeal from Howard Chancery Court; James D. Shaver, Chancellor; temporary injunction denied.

Denied.

J. W. Bishop, for appellant.

Sain & Sain and W. P. Feazel, for appellee.

OPINION

PER CURIAM.

This is a motion for an injunction pending appeal. The chancery court refused to enjoin Corbell and wife from preventing the lumber company from laying a tramway across their homestead, on the ground that the conveyance under which the lumber company claimed was void because the wife had not joined therein, and dissolved a temporary injunction which had been granted.

Injunctions and writs of supersedeas are issued by this court to preserve the status quo pending an appeal, where the justice of the case requires it, but not for the purpose of creating a temporary right. This case is the converse of Union Sawmill Co. v. Felsenthal Land & Townsite Company, ante p. 494. For the reasons there given, this application is denied.

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4 cases
  • Ford v. State
    • United States
    • Texas Court of Appeals
    • February 12, 1919
    ...Tex. 106, 157 S. W. 744; Union Sawmill Co. v. Felsenthal, 84 Ark. 494, 106 S. W. 677; 2 R. C. L. § 97; 22 Cyc. 1010; Lumber Co. v. Corbell, 84 Ark. 596, 106 S. W. 677. The subject-matter of this suit is to restrain appellant from an alleged violation of law, not from the date of final judgm......
  • Gallup v. St. Louis, Iron Mountain & Southern Railway Co.
    • United States
    • Arkansas Supreme Court
    • May 14, 1923
    ...of Appeals in March, 1915 (220 F. 876), to prosecute his case in Baxter Chancery Court. He took no appeal from that decision. 84 Ark. 494; 84 Ark. 596; 219 U.S. 527, 31 S.Ct. 295; U.S. 14, 10 S.Ct. 8; 115 U.S. 465, 6 S.Ct. 127; 251 U.S. 511, 40 S.Ct. 285. Liability of surety strictly constr......
  • Stuckey v. Lindley
    • United States
    • Arkansas Supreme Court
    • December 16, 1907
  • Coking Coal, Inc. v. Arkoma Coal Corporation, 82-253
    • United States
    • Arkansas Supreme Court
    • November 8, 1982
    ...it, this court will issue a writ of supersedeas to preserve the status quo pending an appeal on the merits. Nashville Lumber Co. v. Corbell, 84 Ark. 596, 106 S.W. 677 (1907). The execution of a bond renders the guarantor a party to the proceedings. Judd v. Wilson, 182 Ark. 729, 32 S.W.2d 61......

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