ARK.] P.131ILLVIS. V. RAKER.; 403 PRILLIPS V BAKER. . : , .,' ' , . 7 . . Opinion delivered j une' ,. 1 , 3; 1927. ' E4oFEICTI1VIE' FOR ' tRIAL.:--LIh' 'a siiit in" e quitY ' Plaintiffs are entitled, under Crawford, &Moses' : Dig.,-§,-'1288,-td 90 days; after i •, • iisSues are made ;up ). in Which to get ready , for trial, an& refusal I f , to gront such time, is error ; ;: .. , ,• ;::, . , , : ,,,;,i c2.., EQUITY--,ETIFFARLE Pftompqms. 7-Issues , joined in the Chancery court to obtain a permanent injunction , are : equitable, .procead-ings, within Crawford & Moses' pig.; § 1288, allbwing 90 days 1 '' 'tO prePare for trial aft, r pleadings' al'é rinide uP. ' ' ' 1 •1 A ■ ii j al' 'EOM White ' ' C , lianCei y l :" :CoUrt; ! FVO:ia 'II. ' .DOdS4e,.ChariCellbr ; reversed.' .26e4 M. Bldibit; Gold o ' i Pli;lint :hrid . Gra'ce D. ) 'Ploititt, . T . , or aPpellant: Gulb:ei:t' L. POree and Jokrt 4. kill,ei -, for appellee:: • HVIvipi44-y s, J. This is' a suit 'in equitY brought 'on , the 4th day*Of 'April, 1927; in the chancery couit a White 'COunty; 'by aPpellantS against aPpellee's to :Permanentl'y :enjein' the ' Higging en Special ,School DiSfrict in . said ' Cthmty 'froin' selling ' . and delivpii* bomEds . in the sUM oT A $20,000.. for • the purpose Of refunding 'its' eXisting bond Issue . and redeeming outstanding and: 'Past dne Warrants 's t' 'npoii the folloWinealleged ,kreunds ' " (T). There , WO AO legal' Meeting .- held'by the board of direeiOr g anthotiiing 'the 'boil& al . . "(2). 'That, there Was no . legal notice' giVen that such'a theetirig was to' be s \' held. .(3). That 'the P'rojier iec'Oid g ' of the alleged Meet-( ing at whieh it wa.S claimed thatthe r g olntion was Vassed c ! directing the sale of . tiCe ladnds Was' not made:. —(4): That the' alleged order anthorizing the-sale of-the . bonds was nOt made ify A'nf*tity of 'the-lekal qUalifiedAnd aCting : nieMbefs of • the' . board' of 'direetiits'. "(5): . 'Thatthe"ifig- s ) z o , inson Special School . Distria had iio . le cr al ant6rity to . offer for sale .the bOndS or , certificates o b f indebtedness. (6). . That . the issuance' of the bonds was 'forbidden by . this court.. , : (7). i That the bondi.were not.advertised-for sale as required , by law, but that the ' members of the school . board acted iin collusion with E.G . H . elbron, and . sold said-bonds at . a private sale,,and that the meeting by which it was Claimed the bonds , we're , sold' s ivas. condncted
404 l'IfILLIPS V. .BA KER. [174 in a manner to discourage and prevent other parties from purchasing said bonds.'! .; Appellees filed an , answer,. denying seriatim the material 'allegations .in the complaint.. On application to the , circnit judge in vacation,-immediately after filing the suit and during the absence of the chancellor from White Coimty, the following restraining order was issued : •' "It iS therefore ordered, adjudged and decreed that the defendants, acting as members of , the Higginson Special School District, and each, of them are hereby restrained and enjoined from, advertising and Offering .for sale or selling, either by private sale or publiC sale, any certificates . of indebtedness or bonds of the Iligginson Special School DiStrict, on APril 7, 1927, 'or any other date, until this cause is heard by the White Chancery Court. And the defendants, L. Smith, as county clerk of White County, W.. C. Ward, as county treasurer of White County, and Ben D. Smith, as circuit clerk ana 7ex-officio recorder of White County, are . restrained, enjoined and forbidden . to receive, register ; or , record any bonds or certificates of indebtedness or , any . deeds , ,of trust or mortgages executed by the board of directOrs of the Higginson Special School District, by reason of any g ale made on April 7, 1927, Or any other date, until this cause can be heard by the White Chancery Court. . On the next day, and 'during vacation, the chancellor set aside the temporary restfaining order of the, circuit judge, in so far as it restrained the sale • of the bonds, and set the case down for final hearing on May 4, 1927, which waS an adjourned day of the chancery court, .all over the abjection and exception of appellant, .. When court convened on May 4 such of the appel-lees as had not .filed anSwers theretofore filed their respective answers. Appellees. then insisted upon an immediate hearing of the cause.- Appellants objected, and protested against proceeding with the hearinguf the cause until the next regular terM of the chancery court, on June 13, 1927, or before the-issues .had, been Made up
ARK.] PHILLIPS /). BAKER. 405 ninety days. They.filed a written:Motion for a continuance, whiCh was . overruled by , the. court, over their objection and exCePtion: The enurt theii'offered to set the case down for a. hearing before-the • chancellor in ,chamL bers at Little RoCk. betWeenlfay 9 and14,-' 1.927Ybnt appellants inSiSted uPon their . right 'not tO -, proceOkysiith the trial until.ninety days after the issues .had beemmad .e. up, and declined to finally submit the cause . in .vacation as suggested by the court. ..The court then ordered appellants 'to prOceed with the . trial,..which . -they . .deelined.- to, dp, whereupon the temPorarY''reStraining/ orders . Were' diS-sorved and their complaint-disinisSed,.over'their objection and exception, from which judgment an appeal hak been • duly prosecuted to- ,this • court: .1: .!. . This suit is bottomed upon ' act,:No.t62 of tilie General Assembly of • 1927, . passed for, .the. purpose of obviating the rule announced by this- Court in the case of Philli0 v. Baker, 172 Ark.. 7.26, ;290 S. W. 371,. decided • and 'handed down on January 31, 1927, to the- effect that saididistrict could issue bonds • only to refund outstanding, bonds, interest and expenses . incident :thereto, and, not to. p4 for repairs andnperating expenses of the school;Theallega-tions in - the coinplaint challenge',a,coMpliance, with _said act No. 62 in selling and attempting to deliver the ibitds, .and also allege .that the- members ! . of , the • school =board acted.collusively and sold bonds at private . sale, and.seek to permanently enjoin the;:del . iVery. thereof . t,O,•the, purchaser. • • After the issues, _were made up,..•appellants we•e entitled, under § 1288. of Crawford • &. Moses' Digest; . to • ninety days in which••to get-ready:for Arial.t. IIarnivell v. Miller, 164 Ark. 15,. 259 :S. W. 387.: Issues; joined ilia, chancery court in an ,effort to obtain a permanent injunction are equitable proceedings; and come ..within. said ; , section of the statute allowing ninety- days to, prepare !for:trial after the pleadings. are made,np.., , . :• On account of • the , error; indiCated •the. judgment. is reversed, • and the cause is Tethanded ,for a : trial . Of • the issues joined by the pleadings. -
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.