Springfield Fire & Marine Insurance v. Hamby
Supreme Court of Arkansas
Appeal from Nevada Circuit Court. Rufus D. Hearn, Judge. The court erred in refusing to amend the record entry of the judgment, so as to show the findings of fact on which it was based.
Read the full summary
Appeal from Nevada Circuit Court. Rufus D. Hearn, Judge. The court erred in refusing to amend the record entry of the judgment, so as to show the findings of fact on which it was based. If such recital of facts appeared, and the judgment was not supported thereby, it could be corrected on appeal, without motion for new trial or bill of exceptions. 46 Ark. 18; 31 S. W. 140; 26 Ark. 536; 26 Ark. 662; 55 Ark. 334. The court below had the power to make the amendment asked. 40 Ark. 224; 53 Ark. 250; 59 Ark. 54; 134 U. S. 136 — 143 et seg.; Freeman on Judg. §§71 and 72; ib. §§ 2, 75 76, 77.…
1Opinion of the CourtRiddick, J.
This is an action on a fire insxxx’anee policy to recover the value of a dwelling house insured, which had beexx destroyed by fire. The case was submitted to the circuit judge upon an agreed statement of facts, and he took the matter under consideration. He afterwards decided in favor of plaintiffs, and gave judgment against defendant for the sum of $900, and it appealed. Appellant was not present at the time judgment was rendered, and no exceptions were saved or motion for new trial made before the final adjournment of the term.
Afterwards the appellant filed a motion to amend the judgment…
2Cases cited8 opinions
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Allen v. St. Louis BankSupreme Court of the United States · 1887
- Nathan v. SloanSupreme Court of Arkansas · 1879
- Ashley v. Stoddard, Jr. & Co.Supreme Court of Arkansas · 1871
- Bradley v. HarkeySupreme Court of Arkansas · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kinnanne v. StateSupreme Court of Arkansas · 1913
- Wann v. the Reading CompanySupreme Court of Arkansas · 1937
- Ex parte ThompsonSupreme Court of Arkansas · 1908
- Boatner v. Gates Bros. LumberSupreme Court of Arkansas · 1955