Browning v. Roane
Supreme Court of Arkansas
Appeal from the Clark Circuit Court. Action of debt brought by Roane and others, as trustees of the Real Estate Bank, against Browning, Bozeman, and Thornton, on a p'romisory note due 21st December, 1840, and determined in the Clark Circuit Court, at the September term, Í846. The action was brought to the September term, 1845. At the return term the cause was continued, the record states, by consent of parties.
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Appeal from the Clark Circuit Court. Action of debt brought by Roane and others, as trustees of the Real Estate Bank, against Browning, Bozeman, and Thornton, on a p'romisory note due 21st December, 1840, and determined in the Clark Circuit Court, at the September term, Í846. The action was brought to the September term, 1845. At the return term the cause was continued, the record states, by consent of parties. No further entry appears of record until the September term, 1846, when the plaintiffs took judgment against defendant by default. On the next day after the judgment was taken,…
1Opinion of the CourtScott, J.
Like the power to grant or refuse continuances, the power of setting aside defaults is a sound legal discretion inherent in all courts, and allowed for the express purpose of promoting the ends of justice; and should the circuit courts, in the exercise of this discretion, capriciously or arbitrarily disregard any important right belonging to either party, their judgments will be examined in this court, and corrected on appeal or writ of error.
It appears, from inspecting the whole record, including the bill of exceptions, that the defendants appeared, and, at the request of the plaintiffs,…
2Cases cited3 opinions
- Wilson v. PhillipsSupreme Court of Arkansas · 1843
- Rogers v. ConwaySupreme Court of Arkansas · 1842
- Stewart v. AtkinsNew York Supreme Court · 1824
3Cited by1 opinion
- Forster v. Mullanphy Planing Mill Co.Missouri Court of Appeals · 1884