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7 Ark. 397

Haynie v. McLemore

Supreme Court of Arkansas

Decided July 15, 1851

Supreme Court of Arkansas · decided 1851-07-15

This was a bill in Chancery filed by Francis Haynie against Pleasant Me Lemore, determined in the Ouachita Circuit Court at the April Term, 1851, before the Hon. John Quillin, Chancellor. The bill alleged that defendant sued complainant at law on an account for money had and received, &c., and work and labor, &e. That complainant interposed by way of set-off an account for a larger amount than that claimed by the defendant.

Decided 1851-07-15

Mr. Justice Scott,

¶1delivered the opinion of the Court.

¶2The decree in this case is interlocutory beyond all question; it has no resemblance to one that is final. As to fifty dollars of the sum in controversy the remedy sought, has neither been granted nor refused, and the cause has been continued by the court in express terms. As to this sum the injunction has neither been perpetuated, nor has the bill been dismissed. Something therefore remains to be done by the court between the parties remaining in court. While this is the case, no final decree can be rendered from which an appeal will lay under our statute, contemplating as it does but one final decree in a cause. (Crittenden, Ex parte, 5 Eng. 350.) Let the motion be granted.

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