Wood v. Wood
Supreme Court of Arkansas
Appeal from Pulaski circuit court. David W. Carroll, Chancellor. 1. No leave of court necessary for errors in law apparent on face of the record, -2 Am. & Eng. Enc. Law, p. 265, citing 17 Ves. 178 ; 33 Miss. 560; 4 J. J. Marsh. 500; 4 Man. (Ky.) 145. In Webster v. Diamond, 36 Ark., so far as the bill was treated as one of review, it was upon the ground of newly discovered evidence.
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Appeal from Pulaski circuit court. David W. Carroll, Chancellor. 1. No leave of court necessary for errors in law apparent on face of the record, -2 Am. & Eng. Enc. Law, p. 265, citing 17 Ves. 178 ; 33 Miss. 560; 4 J. J. Marsh. 500; 4 Man. (Ky.) 145. In Webster v. Diamond, 36 Ark., so far as the bill was treated as one of review, it was upon the ground of newly discovered evidence. It may be this court would not disturb the decree awarding alimony, for the chancery court had jurisdiction. 54 Ark. 172. But it had no jurisdiction to grant a divorce to either party to that suit. Mansf. Dig.…
1Opinion of the CourtBaTTDE, J.
1. When ■bill of review filed without leave.
The chancery court erred in striking from its files appellant’s bill of review for the reason that it was filed without leave first had and obtained. It was brought to procure- an examination and reversal of a decree made on a bill for divorce on account of alleged errors of law apparent on the face of the record. It is not necessary to obtain leave of the court before a bill of this kind can be filed. Perry v. Phelips, 17 Ves. 178; Story’s Eq. PI. secs. 404, 405; Mitford’s Eq. PI. 84. In Jacks v. Adair, 33 Ark. 173, and Webster v. Diamond, 36 Ark.…
2Cases cited15 opinions
- Buffington v. HarveySupreme Court of the United States · 1877
- Post Master General v. EarlySupreme Court of the United States · 1827
- Lessee of Sicard v. DavisSupreme Court of the United States · 1832
- Moore v. . HegemanNew York Court of Appeals · 1883
- Barrett v. FailingSupreme Court of the United States · 1884
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3Cited by38 opinions
- Williams v. EdmondsonSupreme Court of Arkansas · 1975
- Shirey v. ShireySupreme Court of Arkansas · 1908
- Boyles v. BoylesSupreme Court of Arkansas · 1980
- Taylor v. TaylorSupreme Court of Arkansas · 1922
- O'Meara v. O'MearaCourt of Appeals of Texas · 1944
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