Whorton v. Hawkins
Supreme Court of Arkansas
Appeal from Madison Chancery Court; Ben F. Mc-Mahan, Chancellor; STATEMENT OE EAOTS. On the 8th day of February, 1918, a citation issued out of the chancery court of Madison County upon appellant, J. P. Whorton, commanding him to appear in that court on February 12, 1918, and show cause why he had not paid to the commissioner of that court the sum of $425.96, which sum the court at its August term, 1917, had ordered its commissioner to pay to appellee, Rebecca A. Hawkins,…
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Appeal from Madison Chancery Court; Ben F. Mc-Mahan, Chancellor; STATEMENT OE EAOTS. On the 8th day of February, 1918, a citation issued out of the chancery court of Madison County upon appellant, J. P. Whorton, commanding him to appear in that court on February 12, 1918, and show cause why he had not paid to the commissioner of that court the sum of $425.96, which sum the court at its August term, 1917, had ordered its commissioner to pay to appellee, Rebecca A. Hawkins, out of the moneys held by appellant for the commissioner as in pursuance of the above decree in the case of Rebecca A.…
1Opinion of the Court
WOOD, J.,
(after stating the facts). The decree of August 14, 1917, in which the appellee and the appellant were parties was res adjudicata on the matters set up by the appellant in his response to the citation. In that ease the decree of the court was tantamount to a judgment in favor of the appellee against appellant for the sum of $425.96, which sum appellant was ordered to pay over to the commissioner appointed to carry out the original decree of foreclosure. If the decree in that case was erroneous, the appellant could and should have had the same corrected on appeal or in some other…
2Cases cited2 opinions
- Meeks v. StateSupreme Court of Arkansas · 1906
- Ex parte ButtSupreme Court of Arkansas · 1906
3Cited by6 opinions
- Carle v. BurnettSupreme Court of Arkansas · 1993
- Johnson v. JohnsonSupreme Court of Arkansas · 1967
- Dennison v. MobleySupreme Court of Arkansas · 1974
- Frolic Footwear, Inc. v. StateSupreme Court of Arkansas · 1985
- Harris v. Moye's EstateSupreme Court of Arkansas · 1947
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