Legal Opinion · Dissent

Ferri v. Braun

Supreme Court of Arkansas

Decided March 25, 1963No. 5-2935Published

1DissentEd. F. McFaddin, Associate Justice

I maintain the appeal in this case should be dismissed without prejudice to the appellant’s right to file a motion in the Trial Court for correction of the record.

According to the transcript before us, the Circuit Court of Chicot County, on July 9, 1962, entered this judgment in this case:

‘ ‘ ON this day this cause comes on to be heard, being the day regularly set therefor, plaintiffs appearing in person and through their attorney, JOHN F. GIBSON, and defendant, although called three (3) times at the bar of this Court, failed to appear though summoned in the time and manner provided by law.…

2Cases cited9 opinions

  1. Boynton v. AshabrannerSupreme Court of Arkansas · 1905
  2. Bobo v. StateSupreme Court of Arkansas · 1882
  3. Ward v. MagnessSupreme Court of Arkansas · 1905
  4. Arkadelphia Lumber Co. v. AsmanSupreme Court of Arkansas · 1904
  5. Groton Bridge & Mfg. Co. v. Clark Pressed Brick Co.Court of Appeals for the Eighth Circuit · 1905

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