Knight v. Creswell
Supreme Court of Arkansas
Appeal from Ashley Chancery Court; James C. Norman, Chancellor; 1. No meritorious defense is shown, but if there was there was no showing that plaintiff had no adequate remedy at law. No application was made for a new trial, Kirby’s Digest, § 4601. 2. Equity will not enjoin a judgment merely because it is void.
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Appeal from Ashley Chancery Court; James C. Norman, Chancellor; 1. No meritorious defense is shown, but if there was there was no showing that plaintiff had no adequate remedy at law. No application was made for a new trial, Kirby’s Digest, § 4601. 2. Equity will not enjoin a judgment merely because it is void. Plaintiff must show no adequate remedy at -law by appeal or certiorari or application -to the court rendering the judgment or other legal manner. 58 Ark. 314; 48 Id. 510; lb. 331; 50 Id. 458. 1. The evidence Shows a meritorious defense and was undisputed. 2. The cases cited to show…
1Opinion of the CourtMcCulloch, J.
This is a suit in chancery to enjoin the enforcement of the judgment of a justice of the peace in an action of replevin. The ground set forth in the complaint upon which equitable relief against the judgment is sought is that if was rendered without notice, that no summons was issued, and that the plaintiff (who was defendant in said judgment) did not appear.
The judgment of the justice of the peace was, if the allegations of the complaint be taken as true, and the defect appeared upon the face of the judgment, absolutely void, and the remedy against it is complete by certiorari. If the…
2Cases cited4 opinions
- Gates v. BennettSupreme Court of Arkansas · 1878
- Shaul v. DupreySupreme Court of Arkansas · 1886
- Levy v. Ferguson Lumber Co.Supreme Court of Arkansas · 1888
- Wingfield v. McLureSupreme Court of Arkansas · 1886
3Cited by10 opinions
- Sledge-Norfleet Co. v. MatkinsSupreme Court of Arkansas · 1922
- Dale v. BlandSupreme Court of Arkansas · 1910
- Nelson v. FreemanSupreme Court of Arkansas · 1918
- Chevrolet Motor Co. v. Landers Chevrolet Co.Supreme Court of Arkansas · 1931
- Twin City Bank v. J. S. McWilliams Auto Co.Supreme Court of Arkansas · 1931
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