Dale v. Bland
Supreme Court of Arkansas
Appeal from Prairie Chancery Court, Southern District; John M. Elliott, Chancellor; statement by the court. The appellee alleges that Ida R. Dale obtained judgment for twenty-five dollars against one Jas. P. Barrett in the justice of the peace court of Prairie County, and had garnishment issued against W. H. Bland & Company; that Barrett filed a schedule, claiming as exempt all indebtedness due him from Bland & Company; that same was allowed and supersedeas issued.
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Appeal from Prairie Chancery Court, Southern District; John M. Elliott, Chancellor; statement by the court. The appellee alleges that Ida R. Dale obtained judgment for twenty-five dollars against one Jas. P. Barrett in the justice of the peace court of Prairie County, and had garnishment issued against W. H. Bland & Company; that Barrett filed a schedule, claiming as exempt all indebtedness due him from Bland & Company; that same was allowed and supersedeas issued. That Dale then filed certified copy of that judgment with a justice of the peace in Pulaski County; that both members of the firm…
1Opinion of the Court
Wood, J.,
(after stating the facts.) . The appellees do not allege, nor do the facts stated in the complaint show,, that they did not have a complete and adequate remedy at law. As was said by us in Wood v. Stewart, 81 Ark. 51: “Appellee’s remedy to vacate or modify the judgment for fraud or mistake in its procurement is complete at law by proceeding instituted for that purpose in the court in which it was rendered.” Kirby’s Digest, § § 4431, 3224; Knight v. Creswell, 82 Ark. 330; Hunton v. Euper, 63 Ark. 323; Driggs’ Bank v. Norwood, 49 Ark. 136.
Unless appellee shows that he has not a.full…
2Cases cited5 opinions
- Hunton v. EuperSupreme Court of Arkansas · 1896
- Knight v. CreswellSupreme Court of Arkansas · 1907
- Shaul v. DupreySupreme Court of Arkansas · 1886
- Wingfield v. McLureSupreme Court of Arkansas · 1886
- Driggs' Bank v. NorwoodSupreme Court of Arkansas · 1886
3Cited by8 opinions
- Sledge-Norfleet Co. v. MatkinsSupreme Court of Arkansas · 1922
- Montague v. CraddockSupreme Court of Arkansas · 1917
- Taggart v. MooreCourt of Appeals of Arkansas · 1983
- Twin City Bank v. J. S. McWilliams Auto Co.Supreme Court of Arkansas · 1931
- Betterton v. AndersonSupreme Court of Arkansas · 1926
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