Hill v. Draper
Supreme Court of Arkansas
Appeal from Sevier Circuit Court in Chancery. W. H. Collins, Special Judge. 1. The former decree in this court left no discretion in the court below. The sale was vacated and set ■ aside.
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Appeal from Sevier Circuit Court in Chancery. W. H. Collins, Special Judge. 1. The former decree in this court left no discretion in the court below. The sale was vacated and set ■ aside. The court below had no authority to do anything except to enter a decree in accordance with the opinion. 54 Ark. 395. It is true that where new evidence has been discovered after a case has been disposed of in this court — evidence which the parties by the exercise of due diligence could not have discovered before — the party may, by an original bill in the nature of a bill of review, have the decision…
1Opinion of the CourtBattle, J.
This is the third time this case has been in this court. The first time it came on an appeal from the judgment of the circuit court sustaining a demurrer to the complaint in the action. The allegations in that complaint, as stated in Hill v. Draper, 54 Ark. 396, are as follows :
“Draper, McElroy and Rhyne composed the mercantile firm of Draper, McElroy & Co. After Rhyne’s death, the firm being insolvent, the surviving partners conveyed the stock of goods in satisfaction of an individual indebtedness of McElroy to John and Kelly Cowling, who had full knowledge of the firm’s insolvency. Hill,…
2Cases cited3 opinions
- Hill v. DraperSupreme Court of Arkansas · 1891
- Jacks v. AdairSupreme Court of Arkansas · 1878
- Meyer v. JohnsonSupreme Court of Arkansas · 1894
3Cited by5 opinions
- Hartford Fire Insurance v. EnochSupreme Court of Arkansas · 1906
- Prewett v. Waterworks Improvement District No. 1Supreme Court of Arkansas · 1928
- Stout v. BrownSupreme Court of Arkansas · 1900
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1969
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1969