Radford v. Samstag
Supreme Court of Arkansas
Appeal from Logan Chancery Court; W. A. Falconer, Chancellor; STATEMENT BY THE COURT. Appellant was the plaintiff below, and alleged in his complaint that a judgment had been obtained against him by fraud, .accident or mistake, and that he had a meritorious defense to said action, which he set out.
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Appeal from Logan Chancery Court; W. A. Falconer, Chancellor; STATEMENT BY THE COURT. Appellant was the plaintiff below, and alleged in his complaint that a judgment had been obtained against him by fraud, .accident or mistake, and that he had a meritorious defense to said action, which he set out. Appellees demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action and that the court had no jurisdiction of the subject-matter. This demurrer was overruled and no further action appears to have been taken, until at the third term of the court…
1Opinion of the Court
Smith, J.,
(after stating the facts). It will be observed -that the order of the court which appellant says is res judicata was not one sustaining a demurrer and dismissing a complaint, but was one overruling a demurrer and allowing thirty days in which to file an answer. The cause was then continued for the term. This was not a final order, and did not adjudge the rights of the parties, and there was nothing to prevent the court from reconsidering the demurrer, while said cause was still pending and undisposed of 'before him, and from changing his opinion and decision if he saw proper to do…
2Cases cited6 opinions
- Luttrell v. ReynoldsSupreme Court of Arkansas · 1896
- Wood v. StewartSupreme Court of Arkansas · 1906
- Adams v. PrimmerSupreme Court of Arkansas · 1912
- Moody v. Jonesboro, Lake City & Eastern RailroadSupreme Court of Arkansas · 1907
- Atkins v. GrahamSupreme Court of Arkansas · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- American Party v. BrandonSupreme Court of Arkansas · 1972
- Davis v. Receivers St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1915
- Arkansas State Board of Architects v. LarsenSupreme Court of Arkansas · 1956
- State ex rel. Ark. Publicity & Parks Comm. v. WoodwardSupreme Court of Arkansas · 1958
- McWilliams v. LantzSupreme Court of Arkansas · 1926
1 more not listed; retrieve them via the Exa API.