Legal Opinion

Cassady v. Norris

Supreme Court of Arkansas

Decided May 17, 1915PublishedCited by 38 opinions

Appeal from Polk Chancery Court; James D. Shaver, Judge; STATEMENT BY THE COURT. On Miay 13, 1912, the Board of Waterworks Improvement District No. 2 of Mena, Arkansas, filed suit in the Chancery Court of Polk County against unknown owners of real estate in the district for the purpose of collecting delinquent taxes which ¡became due on the 29th of March, 1912, .and were delinquent on the 29th of April, 1912. Service was had .on the unknown owners by publication of the…

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Appeal from Polk Chancery Court; James D. Shaver, Judge; STATEMENT BY THE COURT. On Miay 13, 1912, the Board of Waterworks Improvement District No. 2 of Mena, Arkansas, filed suit in the Chancery Court of Polk County against unknown owners of real estate in the district for the purpose of collecting delinquent taxes which ¡became due on the 29th of March, 1912, .and were delinquent on the 29th of April, 1912. Service was had .on the unknown owners by publication of the summons in la newspaper and posting notices on the property. Judgment was rendered against appellant’s property on the 15th…

1Opinion of the Court

Wood, J.,

(after stating the facts). The findings and decree of the court are correct.(1) 'The appellant does not seek by appeal, writ of error, certiorari, nor by bill of review to set aside the judgment for the errors appearing in the face of .the record, or on account of newly discovered evidence, nor does his complaint set forth facts sufficient to constitute a cause of action for vacating a judgment after the expiration of the term under Kirby’s Digest, section 4431, which provides: “Fourth. For fraud practiced by the successful party in obtaining the judgment.”

It is true that the…

2Cases cited5 opinions

  1. Continental Gin Co. v. De BordSupreme Court of Oklahoma · 1912
  2. Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
  3. O'Neill v. PotvinIdaho Supreme Court · 1907
  4. McCarter v. NeilSupreme Court of Arkansas · 1887
  5. Pattison v. SmithSupreme Court of Arkansas · 1910

3Cited by38 opinions

  1. Parker v. SimsSupreme Court of Arkansas · 1932
  2. Alexander v. AlexanderSupreme Court of Arkansas · 1950
  3. Miller v. McNamaraSupreme Court of Connecticut · 1949
  4. Mitchell v. Village Creek Drainage Dist. of Lawrence CountyCourt of Appeals for the Eighth Circuit · 1946
  5. Nazih Joseph Katter v. Arkansas Louisiana Gas Co. And Arkla Exploration Co.Court of Appeals for the Eighth Circuit · 1985

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