Legal Opinion

Papan v. Nahay

Supreme Court of Arkansas

Decided January 13, 1913PublishedCited by 18 opinions

Appeal from Prairie Chancery Court, Southern District; John M. Elliott, Chancellor; STATEMENT BY THE COURT. The litigation between the parties to this record, out of which this appeal g’rew, originated in a suit instituted by the appellee in the Prairie Circuit Court for the Southern District against John A. Papan, wherein a judgment for $100,000 was demanded for slander.

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Appeal from Prairie Chancery Court, Southern District; John M. Elliott, Chancellor; STATEMENT BY THE COURT. The litigation between the parties to this record, out of which this appeal g’rew, originated in a suit instituted by the appellee in the Prairie Circuit Court for the Southern District against John A. Papan, wherein a judgment for $100,000 was demanded for slander. The summons was issued on the complaint in that cause and served on the defendant December 1, 1910, and on the 28th of March, 1911, during the regular term of the Prairie Circuit Court, appellee’s action for slander was…

1Opinion of the Court

Smith, J.,

(after stating the facts). The court was in error in saying that appellant came not but wholly made default, for the very recitals of the decree itself shows the existence of an answer in the files. But from all the recitals of the decree, it appears that what the court did find was that appellant was in default in the trial of the case. The answer had been filed for more than five months at the time of the rendition of the original decree ■and during that' time appellant had taken no proof to support the allegations of her- answer. As has been stated no point is made about the…

2Cases cited11 opinions

  1. Wilks v. VaughanSupreme Court of Arkansas · 1904
  2. Carmack v. LovettSupreme Court of Arkansas · 1884
  3. Brady v. IrbySupreme Court of Arkansas · 1912
  4. Hershy v. LathamSupreme Court of Arkansas · 1885
  5. Campbell v. JonesSupreme Court of Arkansas · 1889

6 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Horstmann v. LaFargueSupreme Court of Arkansas · 1919
  2. Colby v. McClendonCourt of Appeals of Texas · 1938
  3. Nedry v. VaileSupreme Court of Arkansas · 1913
  4. Kaufman v. Citizens' BankSupreme Court of Arkansas · 1934
  5. American Bonding Co. v. HordCourt of Appeals for the Eighth Circuit · 1938

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