Thornbrough v. Mayner

In reversing this case the majority has indulged an assumption that is, in my view, contrary to the record. The majority has assumed the judgment which the trial court set aside is valid on its face, when in fact the record reveals unequivocably that it is not prima facie correct or valid on its face. The law on this question has long been settled by Woodburn v. Driver, 81 Ark. 333, 99 S. W. 384 (83 C.J.S. p. 794), where this court held that a judgment in a summary proceeding must be such as is authorized by law. Was this judgment authorized by law!

The record reveals that the Administrator of…