McFadden v. Owens
This text of 15 S.W. 84 (McFadden v. Owens) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
If the appellant has no demand against Jefferson county, and no lien on the fund in suit, and no right to establish a lien by virtue of his suit, he is not entitled to a restraining order. If he has a claim against the county, or a right to a lien on the fund, he will not sustain irreparable injury if the county judge pay the fund to the appellee, because the county being a party, as far as it can be reached by suit, to this proceeding, will pay out the fund at its peril, and will not discharge its liability if it pays to the wrong person. The county is solvent, and if the appellant establishes his lien, his claim will not be jeopardized by the wrongful payment. But it is only in case of irreparable injury that an injunction issues pending the appeal.
The motion for restraining order will be denied.
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Cite This Page — Counsel Stack
15 S.W. 84, 54 Ark. 118, 1891 Ark. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcfadden-v-owens-ark-1891.