Vallentine v. Holland
Supreme Court of Arkansas
APPEAL from Chicot Circuit Court in Chancery. Hon. T. F. Sorrells, Circuit Judge. The power of a Court of Chancery to grant a new trial has been established in Leigh v. Armond, 35 Ark., 123. It was there decided that where, by any accident, it happened without default of the complainant, that the Court failed to dispose of the motion for a new' trial at the proper term, a court of equity would interpose and grant relief.
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APPEAL from Chicot Circuit Court in Chancery. Hon. T. F. Sorrells, Circuit Judge. The power of a Court of Chancery to grant a new trial has been established in Leigh v. Armond, 35 Ark., 123. It was there decided that where, by any accident, it happened without default of the complainant, that the Court failed to dispose of the motion for a new' trial at the proper term, a court of equity would interpose and grant relief. Appellant had a good defense to the original cause, and the Court clearly erred in holding the lien of a mortgage superior to that of a landlord under a prior lease. Meyer v.…
1Opinion of the CourtSmith, J.
This was a- hill in equity for a new trial upon the ground that the Court had, in an action at law, without fault of the plaintiff, deprived him of his constitutional right of appeal, by failing to pass upon his motion for new trial during the term at which its decision was rendered.
The appellee, Bergman, had brought replevin for five bales of cotton before a Justice of the Peace against appellant and one Alexander De Valcourt. He recovered judgment in the Justice’s court, and again on appeal, in the Circuit Court. Appellant applied for a new trial in due time, but the further consideration…
2Cited by6 opinions
- Leforce v. HaymesSupreme Court of Oklahoma · 1909
- Kansas & Arkansas Valley Railroad v. FitzhughSupreme Court of Arkansas · 1895
- Sledge-Norfleet Co. v. MatkinsSupreme Court of Arkansas · 1922
- Scroggin v. Hammett Grocer Co.Supreme Court of Arkansas · 1899
- Jackson v. WoodruffSupreme Court of Arkansas · 1893
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