Kansas & Arkansas Valley Railroad v. Fitzhugh
Supreme Court of Arkansas
Appeal from Crawford Circuit Court in Chancery. Jephtha H. Fvans, Judge. Complaint by the Kansas & Arkansas Valley Railway Company and the I/ittle Rock & Fort Smith Railway Company against H. L. Fitzhugh, administrator of the estate of John Franklin, deceased. The facts are stated by the court as follows: This is a proceeding in equity to procure a new trial in an action at law.
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Appeal from Crawford Circuit Court in Chancery. Jephtha H. Fvans, Judge. Complaint by the Kansas & Arkansas Valley Railway Company and the I/ittle Rock & Fort Smith Railway Company against H. L. Fitzhugh, administrator of the estate of John Franklin, deceased. The facts are stated by the court as follows: This is a proceeding in equity to procure a new trial in an action at law. It is the same case in which an application for a writ of mandamus was presented to this court, asking that the clerk of the Crawford circuit court be compelled to sign the bill of exceptions. The presiding judge died…
1Opinion of the Court
Riddick, J.,
jurisdiction triáis.11^
(after stating the facts.) The first\ question presented is whether, in a case, where there has been a trial and judgment at law, and the right of appeal has been cut off by the death of the presiding judge before signing the bill of exceptions, a court of equity has power to grant relief against such a judgment, however unjust and oppressive it may be. The practice in such cases is not uniform in the different states of the Union. In some of them it seems to be held that there is no relief. Davis v. President of Menasha Village, 20 Wis. 42. In other states,…
2Cases cited11 opinions
- State v. HillSupreme Court of Arkansas · 1887
- Hennesy v. FarrellWisconsin Supreme Court · 1865
- People ex rel. Wright v. Judge of Superior CourtMichigan Supreme Court · 1879
- Jacks v. AdairSupreme Court of Arkansas · 1878
- Whitehill v. ButlerSupreme Court of Arkansas · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Neary v. Northern Pacific Ry. Co.Montana Supreme Court · 1908
- Norwood v. L. & N. RailroadSupreme Court of Alabama · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1899
- Bruegger v. CartierNorth Dakota Supreme Court · 1910
- Sledge-Norfleet Co. v. MatkinsSupreme Court of Arkansas · 1922
8 more not listed; retrieve them via the Exa API.