Smith v. Minter
Supreme Court of Arkansas
Appeal from Benton Circuit 'Court; J. 8. Maples, Judge; STATEMENT BY THE COURT. Appellants brought this suit to enjoin the collection of a judgment of the circuit court rendered against them as sureties on the retaining bond of E. Gr.
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Appeal from Benton Circuit 'Court; J. 8. Maples, Judge; STATEMENT BY THE COURT. Appellants brought this suit to enjoin the collection of a judgment of the circuit court rendered against them as sureties on the retaining bond of E. Gr. Nelson, in an unlawful detainer -suit, and asked also for a vacation of the judgment for fraud, alleging that the attorney for the defendant in the .suit had confessed judgment without authority to do so and that one of the sureties had been released and no judgment taken against her. A demurrer interposed was treated as a motion to transfer, and the cause was…
1Opinion of the Court
Kirby, J.,
(after stating the facts). (1) Appellants contend that the court erred in refusing to vacate the judgment and insist that the allegations of the complaint were sufficient and that a good defense was shown to exist. In order to vacate a judgment for fraud practiced by the successful party obtaining it, it is necessary not only that the defense to the action be sufficiently alleged, but that it shall be adjudicated that the defense to the action is a valid one, before the judgment is vacated or set aside, the court determining, first, whether the grounds to vacate exist and then the…
2Cases cited4 opinions
- Foohs v. BilbySupreme Court of Arkansas · 1910
- Young v. VincentSupreme Court of Arkansas · 1910
- London v. HutchensSupreme Court of Arkansas · 1908
- Swing v. Brinkley Car Works & Manufacturing Co.Supreme Court of Arkansas · 1906
3Cited by2 opinions
- Allsup v. AllsupSupreme Court of Arkansas · 1939
- Jerome Hardwood Lumber Co. v. Jackson-Vreeland Land Corp.Supreme Court of Arkansas · 1923