Wells Fargo & Co. v. W. B. Baker Lumber Co.
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; George W. Reed, Judge; statement by the court. The lumber company brought suit for damages against the express company, alleged to have been caused by the negligent failure to deliver a piece of machinery to the foundry to which it was consigned for repairs, and also claimed special damages. A judgment by default was rendered and upon a trial upon the question of damages a verdict and judgment was rendered in favor of appellee.
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Appeal from Cleburne Circuit Court; George W. Reed, Judge; statement by the court. The lumber company brought suit for damages against the express company, alleged to have been caused by the negligent failure to deliver a piece of machinery to the foundry to which it was consigned for repairs, and also claimed special damages. A judgment by default was rendered and upon a trial upon the question of damages a verdict and judgment was rendered in favor of appellee. Appellant, a few days afterward, during the same term of court, at which the judgment was rendered, filed a motion to set aside the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is undisputed that the application to set aside the default judgment was made at the same term of court at which the judgment was rendered and shortly after its rendition.
‘ ‘ During the whole of the term, at which a judgment or order is rendered, it remains subject to the plenary control of the court, and may be vacated, set aside, modified or annulled * * *. This is a power inherent in all courts of general jurisdiction and is not dependent upon nor derived from the statutes.” 23 Cvc. 901.
In Ashley v. Hyde, 6 Ark. 100, this court said:
“During the term…
2Cases cited8 opinions
- Aspen Mining & Smelting Co. v. BillingsSupreme Court of the United States · 1893
- Carr v. Commercial Bank of RacineWisconsin Supreme Court · 1862
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