Jackson v. Reeve
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. F. T. Vau&iian, Circuit Judge. It was error to render judgment by default, for there was appearance, answer and motion to transfer. The court erred also in refusing to transfer to the Chancery Court. The answer presented an equitable defense, and the cause should have been transferred as prayed.
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APPEAL from Pulaski Circuit Court. Hon. F. T. Vau&iian, Circuit Judge. It was error to render judgment by default, for there was appearance, answer and motion to transfer. The court erred also in refusing to transfer to the Chancery Court. The answer presented an equitable defense, and the cause should have been transferred as prayed. The defendants being in default, and not present to urge their motion, it was properly dismissed ; the motion was not self-executing, and not being verified was not ■evidence of anything. The answer presented no defense properly cognizable in equity. There is no…
1Opinion of the CourtEakin, J.
Ejectment by Reeve against Jackson and others, to recover certain town lots of small valúe, which are alleged to have been the property of May J. Jackson, deceased. Complainant claims under a sale made by her administrator, for the payment of debts, under order of the probate court.
James A. Jackson filed an answer which he makes a cross-bill in equity, showing that in April, 1881, May Harris, then unmarried, but who afterwards became his wife, together with himself and another person, executed to Reeve a note at sixty days for thirty-five dollars ; that she died in March, 1882, leaving a will…
2Cited by8 opinions
- Simpson & Webb Furniture Co. v. MooreSupreme Court of Arkansas · 1910
- Phoenix Cement Sidewalk Co. v. Russellville Water & Light Co.Supreme Court of Arkansas · 1911
- Sewell v. ReedSupreme Court of Arkansas · 1934
- Union Motors, Inc. v. PhillipsSupreme Court of Arkansas · 1967
- Amberson v. CandlerNew Mexico Supreme Court · 1913
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