Fesler v. Eubanks
Supreme Court of Arkansas
Appeal from Greene Circuit Court; R. H. Dudley, Judge; 1. This is a collateral attack on a judgment of a superior court of record which on its face shows all jurisdictional facts' and can not be set aside on collateral attack. 15 Cyc. 320, 387; 23 Id. 1061; 51 Ark. 340; 11 Id. 552. 2..
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Appeal from Greene Circuit Court; R. H. Dudley, Judge; 1. This is a collateral attack on a judgment of a superior court of record which on its face shows all jurisdictional facts' and can not be set aside on collateral attack. 15 Cyc. 320, 387; 23 Id. 1061; 51 Ark. 340; 11 Id. 552. 2.. The pleadings and evidence resolves this action into an election contest of which the circuit court was wholly without jurisdiction to try and its findings and judgment were void. 15 Cyc. 403; 61 Ark. 251-252-3. 3. The finding and judgment of the circuit court are without evidence to support it and without…
1Opinion of the CourtHumphreys, J.
Appellees instituted suit in replevin against appellant in the Greene Circuit Court to recover the possession of six head of cattle, alleging that they were the owners and entitled to possession of them.
Appellant filed answer, denying their right to the possession of them, and alleging and justifying his possession of them under the provisions of Act No. 156 of the Acts of Arkansas of 1935
The cause was submitted to the court, sitting as a jury, upon the pleadings and evidence, which resulted in a finding and judgment in favor of appellees for the possession of said cattle. From that judgment,…
2Cases cited3 opinions
- Watkins v. GriffithSupreme Court of Arkansas · 1894
- Bell v. PhillipsSupreme Court of Arkansas · 1915
- Kraft v. SmothersSupreme Court of Arkansas · 1912
3Cited by5 opinions
- Goggin v. RatchfordSupreme Court of Arkansas · 1950
- Sailer v. StateSupreme Court of Arkansas · 1936
- State v. PhillipsSupreme Court of Arkansas · 1928
- Wright v. BaxterSupreme Court of Arkansas · 1950
- Gregory v. CrutchfieldSupreme Court of Arkansas · 1946