Southwestern Telegraph & Telephone Co. v. Hill
Supreme Court of Arkansas
Appeal from Miller Circuit Court; George R. Hay-me, Judge; Tbe court should have set aside the nunc pro tune order. The authority of a court to amend its record by nunc pro tunc order is to make it speak the truth but not to make it speak what it did not speak but ought to have spoken. 72 Ark. 21; 87 Id. 438; 92 Id. 305; 106 Id. 470; 93 Id. 234. The evidence is overwhelming that the order does not recite the facts. 56 Ark. 231; 79 Id. 288. 1. No matter how erroneous this…
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Appeal from Miller Circuit Court; George R. Hay-me, Judge; Tbe court should have set aside the nunc pro tune order. The authority of a court to amend its record by nunc pro tunc order is to make it speak the truth but not to make it speak what it did not speak but ought to have spoken. 72 Ark. 21; 87 Id. 438; 92 Id. 305; 106 Id. 470; 93 Id. 234. The evidence is overwhelming that the order does not recite the facts. 56 Ark. 231; 79 Id. 288. 1. No matter how erroneous this nunc pro time order may have been, the court was powerless to vacate its own order after the lapse of the term at which the…
1Opinion of the CourtSmith, J.
This is the second appeal in this case. Hill v. Southwestern Tel. & Tel. Co., 117 Ark. 104. On this first appeal the opinion was delivered February 15, 1915, and the cause was then remanded for a new trial, and on November 23, 1915, the cause was dismissed by the circuit court on its own motion for want of prosecution.
On the afternoon of December 16, 1915, attorneys for appellee, being at Pine Bluff, called attorney for appellant at Little Rock and asked him to call the court at Texarkana for the purpose of having the order of dismissal set aside. They were told that the said attorney would…
2Cases cited1 opinion
- Hill v. Southwestern Telegraph & Telephone Co.Supreme Court of Arkansas · 1915
3Cited by1 opinion
- Hill v. HillCourt of Appeals of Arkansas · 2012