Parker v. Bowman
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. On the 16th day of November, 1897, Kate Jenkins obtained a judgment in a justice’s court in Boone County, Iowa, against W. F. Bowman in the sum of $165.78 with interest and costs, including attorney’s fees. On the 2d of December, 1897, she assigned this judgment to W. H. Crooks, and Crooks on that date filed a transcript thereof in the district court of Boone County, Iowa.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. On the 16th day of November, 1897, Kate Jenkins obtained a judgment in a justice’s court in Boone County, Iowa, against W. F. Bowman in the sum of $165.78 with interest and costs, including attorney’s fees. On the 2d of December, 1897, she assigned this judgment to W. H. Crooks, and Crooks on that date filed a transcript thereof in the district court of Boone County, Iowa. In March, 1898, Crooks filed suit on said judgment against Bowman in the Arkansas County Circuit Court, and on the 21st day of March,…
1Opinion of the Court
Hire, C. J.,
(after stating the facts.) In the case of James v. Gibson, 73 Ark. 441, the court said: “The fraud which would vitiate the judgment -must have been, not alone in the original cause of action upon which the allowance was obtained, but that practiced in the procurement of the judgment.”
The Iowa judgment upon which the Arkansas County judgment rested was declated void by the Iowa court, which had jurisdiction over it, eight days after the Arkansas judgment was rendered. Therefore, it may be taken that the original cause of action was fraudulent in law because without service, and…
2Cited by6 opinions
- Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
- Parker v. SimsSupreme Court of Arkansas · 1932
- Boynton v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1907
- Turner v. TurnerSupreme Court of Arkansas · 1953
- Borenstein v. BorensteinNew York Supreme Court · 1937
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