Long v. Long
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. This case, in the fact that appellant’s answer was ignored and decree rendered without giving him time to produce his proof, is similar to that of Silver v. Luck, 48 Ark. 268, wherein the court said: "No valid judgment could be given against him until the issue raised by the’ answer had been in some way disposed of.” 2. A decree rendered in vacation is not only voidable, but is an absolute nullity. 71 Ark.…
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. This case, in the fact that appellant’s answer was ignored and decree rendered without giving him time to produce his proof, is similar to that of Silver v. Luck, 48 Ark. 268, wherein the court said: "No valid judgment could be given against him until the issue raised by the’ answer had been in some way disposed of.” 2. A decree rendered in vacation is not only voidable, but is an absolute nullity. 71 Ark. 226; 75 Ark, 415. 3. For errors apparent in the decree and record, a bill of review may be filed without first obtaining…
1Opinion of the CourtFrauenthal, J.
This was originally an action in the nature of a bill of review, seeking to annul a decree rendered at a former term of the same court for errors of law appearing in the record and for newly discovered evidence. Subsequently an amendment was filed to the bill seeking to annul the decree on the ground of fraud. The bill was filed by Henry Long against the heirs at law of Lucretia Long. The court in effect sustained a demurrer to the bill and the amendment thereto, and ordered same stricken from the files, and dismissed the case.
In August, 1906, Lucretia Long instituted a suit in the Arkansas…
2Cases cited13 opinions
- Wood v. WoodSupreme Court of Arkansas · 1894
- Corney v. CorneySupreme Court of Arkansas · 1910
- Priest v. MurphySupreme Court of Arkansas · 1912
- Smith v. RuckerSupreme Court of Arkansas · 1910
- Scroggin v. Hammett Grocer Co.Supreme Court of Arkansas · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Tri-County Highway Improvement District v. Vincennes Bridge Co.Supreme Court of Arkansas · 1925
- Johnson v. JohnsonSupreme Court of Arkansas · 1925
- Wright v. FordSupreme Court of Arkansas · 1949
- Richardson v. SalleeSupreme Court of Arkansas · 1944
- Branstetter v. BranstetterSupreme Court of Arkansas · 1917
6 more not listed; retrieve them via the Exa API.