Gates v. Hayes
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court. Geoege M. Ciiaplihe, Judge. On petition of W. L. Hayes the circuit court quashed a judgment obtained against him by Ferdinand Gates in the court of common pleas. Gates has appealed. The ease is stated by the court as follows: This appeal is from a judgment setting aside a judgment of the court of common pleas. The proceeding in the circuit court was by writ of certiorari.
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Appeal from Lonoke Circuit Court. Geoege M. Ciiaplihe, Judge. On petition of W. L. Hayes the circuit court quashed a judgment obtained against him by Ferdinand Gates in the court of common pleas. Gates has appealed. The ease is stated by the court as follows: This appeal is from a judgment setting aside a judgment of the court of common pleas. The proceeding in the circuit court was by writ of certiorari. The petition for the writ showed that a judgment was rendered against petitioner in the court of common pleas on a note and open account, amounting to $68.38; that the petitioner was a…
1Opinion of the Court
Wood, J.,
(after stating the facts). Our statute allows parties against whom judgment is rendered on constructive service two years in which to come into the same court and move to have the action retried. Sand. & H. Dig., § 5882. It is clear, under this statute, that appellee (petitioner) had an adequate remedy to correct ihe errors of which he here complains by moving the court to retry the cause, and, on refusal, to appeal. He gives no valid excuse for not pursuing this course.
Moreover, the aid of the writ should never be granted except to do substantial justice. Burgett v. Apperson, 52…
2Cases cited1 opinion
- Burgett v. AppersonSupreme Court of Arkansas · 1889
3Cited by5 opinions
- Nelson v. FreemanSupreme Court of Arkansas · 1918
- Overton v. AlstonSupreme Court of Arkansas · 1939
- Hollis v. HoganSupreme Court of Arkansas · 1916
- Whaley v. Whaley, AdministratrixSupreme Court of Arkansas · 1948
- Overton v. AlstonSupreme Court of Arkansas · 1939