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CUNNINGHAM v. STOCKTON

No. 5-2723.

359 S.W.2d 808 (1962)

Bill CUNNINGHAM et al., Appellants, v. Roy STOCKTON, County Judge, Appellee.

Supreme Court of Arkansas.

September 10, 1962.

Attorney(s) appearing for the Case

Garner, Shaw & Kimbrough, Ft. Smith, for appellants.

James H. Pilkinton, Hope, Nabors Shaw, Mena, for appellee.

ROBINSON, Justice.

Appellants, Bill Cunningham and Harold Berg, filed this action in the Chancery Court to enjoin Roy Stockton, County Judge of Polk County, from "using, loaning, letting, hiring, or otherwise using" county road machinery in making improvements for private citizens. It appeared that the County Court had approved the action of the County Judge in the use of the equipment and the Chancellor ruled that the Chancery Court did not have jurisdiction to grant...

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