Ward v. Sturdivant
Supreme Court of Arkansas
Appeal from Howard Chancery Court; James D. Shaver, Chancellor; All the disputed facts in this case are settled by the court’s decree in favor of appellant. That it erred in its findings of law appears from the findings of fact. The judgment of revivor upon the scire facias was as effective as an adjudication as other judgments, and can not be collaterally avoided for any mere error or irregularity. 2 Freeman on Judgments, § 448; 43 S. C. 440; 1 Edw.
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Appeal from Howard Chancery Court; James D. Shaver, Chancellor; All the disputed facts in this case are settled by the court’s decree in favor of appellant. That it erred in its findings of law appears from the findings of fact. The judgment of revivor upon the scire facias was as effective as an adjudication as other judgments, and can not be collaterally avoided for any mere error or irregularity. 2 Freeman on Judgments, § 448; 43 S. C. 440; 1 Edw. Ch. (N. Y.), 497; 35 Cyc. 1159. On a collateral attack, it will be presumed that plaintiff had authority to revive the judgment. Since in his…
1Opinion of the CourtFraurnthar, J.
This was an action instituted by the appellee to restrain tlie sheriff of Howard County from executing to the appellant, Bascom Ward, a deed to land sold under an execution issued upon an alleged void judgment claimed to be owned by said Ward. In his complaint appellee alleged that on February 18, 1895, the said Ward as the administrator of the estate of Susan Jones, deceased, recovered judgment against him before a justice of the peace of Howard County for $50, and that in 1905 said Ward as such administrator sued out of the circuit court of said county a writ of scire facias to revive said…
2Cases cited10 opinions
- Kelly v. CarterSupreme Court of Arkansas · 1891
- St. Louis, Iron Mountain & Southern Railway v. HigginsSupreme Court of Arkansas · 1884
- Fordyce Lumber Co. v. WallaceSupreme Court of Arkansas · 1907
- Niagara Fire Insurance v. BoonSupreme Court of Arkansas · 1905
- George v. St. L., I. M. & S. R'y Co.Supreme Court of Arkansas · 1879
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3Cited by8 opinions
- Lesser v. ReevesSupreme Court of Arkansas · 1920
- McCrite v. Hendrix CollegeSupreme Court of Arkansas · 1939
- Lewis v. Bank of KensettSupreme Court of Arkansas · 1952
- Hinton v. WillardSupreme Court of Arkansas · 1949
- Norton v. HindsleySupreme Court of Arkansas · 1969
3 more not listed; retrieve them via the Exa API.