Ayers v. Anderson-Tully Co.
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; Edward D. Robertson, Chancellor; Appeal properly lies from the order of the chancery court setting the judgment aside. Kirby’s Digest, § 1188. The only way a final judgment may be set aside in this State is by a strict compliance with sections 4431, 4432, 4433, 4434, 4435, Kirby’s Digest; 52 Ark. 316. Such orders are appealable. 22 N. E. 930; 12 O. St. 136; 46 N. W. 201; 20 How.
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Appeal from Mississippi Chancery Court; Edward D. Robertson, Chancellor; Appeal properly lies from the order of the chancery court setting the judgment aside. Kirby’s Digest, § 1188. The only way a final judgment may be set aside in this State is by a strict compliance with sections 4431, 4432, 4433, 4434, 4435, Kirby’s Digest; 52 Ark. 316. Such orders are appealable. 22 N. E. 930; 12 O. St. 136; 46 N. W. 201; 20 How. Pr. 439; 38 Pac. 710; 19 Md. 234. The court had the right to set the judgment aside. 6 Ark. 451; 32 Id. 721; Kirby’s Digest, § 4426. The order is not a final order, and…
1Opinion of the CourtMcCureoch, J.
In January, 1907, appellant's, SalHe. J. Ayers and others, the widow and children of E. M. Ayers deceased, commenced an action in the circuit court of Mississippi County against appellee to recover possession of lands described in the complaint. Summons was duly issued, and on January 15, 1907, was served on appellee’s agent, requiring it to answer at the next term of the court, which convened on May 6, 1907.
On February 5, 1907, appellant’s attorney made an indorsement on the circuit court docket to the effect that appellee’s tenant had vacated the lands, and that they (appellants) elected to…
2Cases cited6 opinions
- Weber v. TschetterSouth Dakota Supreme Court · 1890
- Johnson v. CampbellSupreme Court of Arkansas · 1889
- Graff v. Merchants & Miners Transportation Co.Court of Appeals of Maryland · 1862
- Henderson v. GibsonCourt of Appeals of Maryland · 1862
- Curtiss v. BellMissouri Court of Appeals · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Blackstad Mercantile Co. v. BondSupreme Court of Arkansas · 1912
- Raymond v. YoungSupreme Court of Arkansas · 1947
- Incorporated Town of Corning v. ThompsonSupreme Court of Arkansas · 1914
- Lamb v. JFM, INC.Supreme Court of Arkansas · 1992
- Epting v. Precision Paint & Glass, Inc.Supreme Court of Arkansas · 2003
14 more not listed; retrieve them via the Exa API.