Kohn v. Smith
Supreme Court of Arkansas
Appeal from.. Pulaski 'Circuit Court, Third Division; G. W. Hendricks, Judge; 1. After the lapse of the term, judgments can be set aside only under Kirby’s Dig., § 4431, or by bill of review in equity. 33 Ark. 454; 53 Id. 114; 97 Id. 317; 52 Id. 316; 89 Id. 163. The court had power to set aside the judgment. 2. There was no misprision of the clerk and no fraud shown.
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Appeal from.. Pulaski 'Circuit Court, Third Division; G. W. Hendricks, Judge; 1. After the lapse of the term, judgments can be set aside only under Kirby’s Dig., § 4431, or by bill of review in equity. 33 Ark. 454; 53 Id. 114; 97 Id. 317; 52 Id. 316; 89 Id. 163. The court had power to set aside the judgment. 2. There was no misprision of the clerk and no fraud shown. Nor was there any unavoidable casualty or misfortune shown, preventing a defense. 104 Ark. 48. Negligence of one’s own attorney is not sufficient. 12 Ark. 401; 66 Id. 183; 97 Id. 117. 3. The court had no jurisdiction to set aside…
1Opinion of the CourtKirby, J.
This appeal comes from a judgment of the circuit court, vacating and setting aside a judgment rendered in favor of appellant by default. It is a proceeding under section 4431, Kirby’s Digest, the grounds alleged coming within sub-divisions 3 and 4 thereof for misprision of the clerk and for fraud practiced by the successful party in obtaining the judgment.
It was also alleged that the judgment was procured without notice and that plaintiff was prevented from defending the suit on account of unavoidable casualty and misfortune, and that the plaintiff and his attorney had repeatedly inquired of…
2Cited by3 opinions
- Heath v. StateSupreme Court of Arkansas · 1944
- Farmers' Mutual Fire Insurance v. DefriesSupreme Court of Arkansas · 1927
- Hill v. TeagueSupreme Court of Arkansas · 1937