Liddell v. Bodenheimer
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Eastern District; Allen N. Hughes, Judge; While parol evidence is competent to show that a court made an order or rendered a judgment which by inadvertence was omitted from the record, such evidence is not admissible to contradict or change a record already made. 86 S. W. 822; 40 Ark. 224; 50 Ark. 338; 49 Ark. 397. Parol evidence of a judgment which was omitted from the record is sufficient to authorize a nunc pro tunc judgment. 40 Ark. 224;…
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Appeal from Clay Circuit Court, Eastern District; Allen N. Hughes, Judge; While parol evidence is competent to show that a court made an order or rendered a judgment which by inadvertence was omitted from the record, such evidence is not admissible to contradict or change a record already made. 86 S. W. 822; 40 Ark. 224; 50 Ark. 338; 49 Ark. 397. Parol evidence of a judgment which was omitted from the record is sufficient to authorize a nunc pro tunc judgment. 40 Ark. 224; 86 S. W. 822. Where a judgment or order has been omitted from the record, or improperly copied into the record, the power…
1Opinion of the CourtBattle, J.
An action was brought in the name of Bodenheimer, Landau & Company against Robert Liddell, before a justice of the peace of Clay County, to recover the possession of certain personal property. Plaintiffs recovered judgment, and the defendant appealed to the circuit court.
In the circuit court (the term is not shown) plaintiffs represented to the court that the action was brought without their ronsent, and asked that it be dismissed, and thereupon S. D. Hawkins, who had possession of the property in controversy and claimed the same, appeared, and asked that he be substituted for plaintiffs, and…
2Cases cited2 opinions
- Bobo v. StateSupreme Court of Arkansas · 1882
- Ward v. MagnessSupreme Court of Arkansas · 1905
3Cited by10 opinions
- Mitchell Shaw v. the Fed. Land Bk. of St. LouisSupreme Court of Arkansas · 1943
- Midyett v. KerbySupreme Court of Arkansas · 1917
- Brooks v. BakerSupreme Court of Arkansas · 1945
- Mahaska County v. BennettSupreme Court of Iowa · 1911
- Smith v. Wallis-McKinney Coal Co.Supreme Court of Arkansas · 1919
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