Fromholz v. McGahey
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; John E. Martineau, Chancellor; The plea of res adjudioata was not made -out: 1. The alleged record of the pleading’s and proceedings in the Nebraska court was incomplete ¡as ¡appears by the certificate of the clerk thereto attached. 9 Pet. 623; 70 Ark. 345; 72 Ark. 51; 78 Ark. 246; 90 Ark..200; 45 N. Y. 27; 3 Mo. 353. 2. The alleged answer in the Nebraska case, introduced after the 'submission of this cause, and after the lapse of the term…
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Appeal from Lonoke Chancery Court; John E. Martineau, Chancellor; The plea of res adjudioata was not made -out: 1. The alleged record of the pleading’s and proceedings in the Nebraska court was incomplete ¡as ¡appears by the certificate of the clerk thereto attached. 9 Pet. 623; 70 Ark. 345; 72 Ark. 51; 78 Ark. 246; 90 Ark..200; 45 N. Y. 27; 3 Mo. 353. 2. The alleged answer in the Nebraska case, introduced after the 'submission of this cause, and after the lapse of the term in which the case was submitted, should have been excluded. 44 S. E. 542; 53 W. Ya. 173; 4 S. & B. 480-482. 3. The…
1Opinion of the CourtHart, J.
In 1909 Gertrude II. McGahey and Agatha Beisen instituted this action in the chancery court against Fred and Bernard Fromholz asking for a partition for certain lands in Lonoke County, which they claim that they with the defendants own as tenants in common. The defendants filed a cross-complaint against the plaintiff in which they disk for recovery of part of the proceeds of land in Nebraska which was sold by Gertrude H. McGahey. The facts 'are as follows:
In the year 1884 Fred W. Fromholz moved from Platte County, Nebraska, to Lonoke County, Arkansas, rand died 'there in June, 1891. Prior to…
2Cases cited2 opinions
- Hallum v. DickinsonSupreme Court of Arkansas · 1886
- McCarthy v. TrollSupreme Court of Arkansas · 1909
3Cited by4 opinions
- Midwest Lime Co. v. Independence County Chancery CourtSupreme Court of Arkansas · 1977
- Pate v. GriffinSupreme Court of Arkansas · 1956
- Sanders v. JacksonSupreme Court of Arkansas · 1972
- Arkansas Power Light Company v. GanttSupreme Court of Arkansas · 1940