Watts v. Cohn
Supreme Court of Arkansas
APPEALS from Sebastian Circuit Court. Hon. Jas. E. Read, Special Judge. In view of all the circumstances of this case, it would be difficult to conceive of a more wanton, arbitrary and oppressive exercise of Judicial discretion than in this instance. The motion to set aside the judgment, and allow defendant to plead to the merits was not a motion for a new trial, for he had had no day in Court.
Read the full summary
APPEALS from Sebastian Circuit Court. Hon. Jas. E. Read, Special Judge. In view of all the circumstances of this case, it would be difficult to conceive of a more wanton, arbitrary and oppressive exercise of Judicial discretion than in this instance. The motion to set aside the judgment, and allow defendant to plead to the merits was not a motion for a new trial, for he had had no day in Court. Even after the expiration of the term, the court has power to vacate or modify a judgment when for unavoidable casualty or misfortune a party is prevented from appearing or defending. See. 3396 Gantt’s…
1Opinion of the CourtSmith, J.
These were actions by the payee ■ against the makers of certain promissory notes. The answers admitted the execution of the notes, but set up matters in avoidance. When the causes were reached upon the call of the docket, an ■ application was made in behalf of the defendants for a continuance on account of the absence of themselves and other material witnesses, all of whom, except one, resided in the Indian Territory, but at no great distance from Eort Smith, where the Court was held; and also on account of the illness of Mrs. Watts, wife to the principal debtor.
We can not review the ruling…
2Cited by9 opinions
- Spear Mining Co. v. ShinnSupreme Court of Arkansas · 1910
- Miller v. StateSupreme Court of Arkansas · 1910
- Rawhide Farms, Inc. v. DarbyCourt of Appeals of Arkansas · 1979
- McMorella v. GreerSupreme Court of Arkansas · 1947
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1910
4 more not listed; retrieve them via the Exa API.