Berringer v. Stevens
Supreme Court of Arkansas
Appeal from Lee Chancery Court; A. L. Hutchins, Chancellor; I. We base our appeal on three principal grounds, viz: (1) The remedy by bill of review or statutory proceedings for vacating the judgment after the term was not available to plaintiff’s, as they had a full and adequate remedy by appeal from the decree sought to be vacated; (2) until a meritorious defense is alleged and proved a decree may not be vacated after the term.
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Appeal from Lee Chancery Court; A. L. Hutchins, Chancellor; I. We base our appeal on three principal grounds, viz: (1) The remedy by bill of review or statutory proceedings for vacating the judgment after the term was not available to plaintiff’s, as they had a full and adequate remedy by appeal from the decree sought to be vacated; (2) until a meritorious defense is alleged and proved a decree may not be vacated after the term. The only defense alleged is the statute of limitations. This is not a valid and meritorious defense for which a decree will be opened; (3) the facts alleged and…
1Opinion of the CourtWood, J.
On the 6th of August, 1919, the appellant instituted an action against the appellees. She alleged that F. iB. Stevens was indebted to her in the sum of $760.30, as evidenced by a judgment rendered in Alabama, of date September 25, 1905; that Stevens had deeded his minor children certain lands; that such deed was without consideration and therefore, void. She prayed that the deed be set aside and the lands subjected to her judgment. Service was duly had upon the appellees, and guardian ad litem was appointed for the minor defendants, who filed an answer for them. On the 18th day of September,…
2Cases cited8 opinions
- State v. HillSupreme Court of Arkansas · 1887
- Lilly-Brackett Co. v. SonnemannCalifornia Supreme Court · 1910
- Quigley v. HammondSupreme Court of Arkansas · 1912
- Broadway v. SidwaySupreme Court of Arkansas · 1907
- Blanton v. RoseSupreme Court of Arkansas · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dengler v. DenglerSupreme Court of Arkansas · 1938
- Renault Central, Inc. v. International Imports of Fayetteville, Inc.Supreme Court of Arkansas · 1979
- Burnett v. BurnettSupreme Court of Arkansas · 1973
- Baskin v. Aetna Life Ins. Co.Supreme Court of Arkansas · 1935
- Magness v. Masonite Corp.Court of Appeals of Arkansas · 1984
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