Jim Hannah, First National Bank of DeWitt v… (2005)
“ While an action of assumpsit, although based on equitable principles is an action at law, the law is well settled that when the chancery court has jurisdiction of a case for one purpose, it will retain jurisdiction to settle the rights of the parties arising out of the subject matter. ”
Jim Hannah, First National Bank of DeWitt v… (2005)
“ The right to a jury trial set out in the Arkansas Constitution in Art. 2, Sec. 7 was unaffected by Amendment 80. All five Arkansas Constitutions have provided that the right to a jury trial "shall remain inviolate." The 1868 and 1874 constitutions include the additional language that the right to a jury trial extends to "all cases at law." This court has clearly stated that Art 2, Sec. 7 does not assure the right to a jury trial in all possible instances; but rather in those cases where the right to a jury trial existed "when our constitution was framed." ”
Jim Hannah, First National Bank of DeWitt v… (2005)
“ Restitution is founded upon the doctrine of unjust enrichment. Coley v. Green, 232 Ark 289, 335 S.W.2d 720 (1960) . Unjust enrichment is an equitable doctrine Brookfield v. Rock Island Improvement Co., 205 Ark. 573, 169 S.W.2d 662 (1943) . However, even though the doctrine is equitable, the issue of unjust enrichment has been submitted to the jury in circuit court where the assertion is wrongful retention of money because the cause of action "is one corresponding with the common law action of assumpsit for money had and received." ”
