Malpas v. Lowenstine
Supreme Court of Arkansas
APPEAL from Desha- Circuit Court. Hou. J. A. Williams, Circuit Judge. The judgment being for appellant, he, of course, recovered his costs, being the winning party, and the court had no power after the lapse of the term to modify the judgment.
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APPEAL from Desha- Circuit Court. Hou. J. A. Williams, Circuit Judge. The judgment being for appellant, he, of course, recovered his costs, being the winning party, and the court had no power after the lapse of the term to modify the judgment. The original judgment had, long before the motion for modification, been fully paid and satisfied, and after that it could neither be modified nor appealed from. 33 Arh.y A59; 35 ib., 125; 39 ib., 110; ib., 271. The modified judgment and all proceedings had thereon were null and void.
1Opinion of the CourtSmith, J.
Lowenstine & Bro. sued Malpas for a debt alleged to be due by contract, and swore out an attachment against his property. The defendant, in his answer, denied the indebtedness, because, as he said, he had transferred to the plaintiffs certain notes of third persons, which they had taken in satisfaction of their demand. He alsc* controverted under oath the ground of attachment. There was a jury trial and a verdict for the defendant, upon which a judgment of nil capiat and for costs was entered against the plaintiffs. And a motion for a new trial was overruled.
At an adjourned term of the court…
2Cited by9 opinions
- St. Louis & North Arkansas Railroad v. BrattonSupreme Court of Arkansas · 1910
- Meek v. ParkerSupreme Court of Arkansas · 1897
- Feild v. WatersSupreme Court of Arkansas · 1921
- Hume v. Indiana National Life InsuranceSupreme Court of Arkansas · 1922
- Spivey v. TaylorSupreme Court of Arkansas · 1920
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