Missouri Pacific Railroad v. Orsburn

George Rose Smith, Justice.

The principal question upon this appeal relates to the circuit court’s power to set aside its own judgment in a nonjury case, during the same term of court at which the judgment was entered.

The appellee Orsburn recovered a $255 judgment for the value of a cow killed by one of the appellant’s trains, plus a $25 penalty under Ark. Stat. Ann. § 73-624 (Repl. 1957). The railroad company filed a notice of appeal. The plaintiff then filed a motion for a new trial, although no reason for a new trial was stated. Within the term of court the trial judge entered an order (a)…