Chambliss v. Reppy
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court. C. E. Mitchel, Judge. Chambliss recovered judgment by default against Reppy, and procured an execution to be levied upon certain lands. Before sale Reppy filed a petition to recall and quash the execution and restrain the issuance of further executions on the judgment, upon the ground that the judgment was ren•dered without notice and for a large amount in excess of what he owed Chambliss.
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APPEAL from Nevada Circuit Court. C. E. Mitchel, Judge. Chambliss recovered judgment by default against Reppy, and procured an execution to be levied upon certain lands. Before sale Reppy filed a petition to recall and quash the execution and restrain the issuance of further executions on the judgment, upon the ground that the judgment was ren•dered without notice and for a large amount in excess of what he owed Chambliss. The testimony tended to show that there had been no service of process upon Reppy, and no return of service made ; that the judgment was obtained upon the representation to…
1Opinion of the Court
Cockrill, C. T.
1. vacating judgment for JudThis is a proceeding at law, under section 3909 of Mansfield’s Digest, to set aside a judgment rendered by the court at a previous term. The contention was that there was no service of process upon the judgment defendant, and no return of service by the sheriff or other officer, but that the judgment had been rendered upon the representation of the plaintiff’s attorney that there was a proper return of service. The complaint alleged a partial defense to the cause of action upon which the challenged judgment was based. The court disregarded the latter…
2Cited by16 opinions
- Davis v. SchimmelSupreme Court of Arkansas · 1972
- Womack v. WomackSupreme Court of Arkansas · 1904
- Miller v. SchlerethNebraska Supreme Court · 1949
- Poff v. LockridgeSupreme Court of Oklahoma · 1908
- Quigley v. HammondSupreme Court of Arkansas · 1912
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