Paragould Trust Co. v. Perrin
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; John W. Meeks, Judge; STATEMENT BY THE COURT. Elmer C. Kuhn, a minor, by his mother and next friend, brought this action against Arch Perrin et al. in the circuit court to set aside a judgment which had been rendered against him at a former term, in favor of the defendants. The lands involved in the action were owned by Isaac T. Reece in his lifetime.
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Appeal from Randolph Circuit Court; John W. Meeks, Judge; STATEMENT BY THE COURT. Elmer C. Kuhn, a minor, by his mother and next friend, brought this action against Arch Perrin et al. in the circuit court to set aside a judgment which had been rendered against him at a former term, in favor of the defendants. The lands involved in the action were owned by Isaac T. Reece in his lifetime. Reece departed this life in Lawrence County, Arkansas, in January or February, 1892, and by the terms of his will, devised and bequeathed both his real and personal property to his wife, Adelaine Reece. The…
1Opinion of the Court
Hart, J.,
(after stating the facts). The condition of the defendant as an infant appeared in the record in the ejectment suit. For this reason subdivision 5 of section 4431, Kirby’s Digest, has no application to this proceeding. It is conceded by his counsel that the right of the plaintiff to reverse the judgment depends upon the construction to be given to the eighth subdivision of section 4431 of Kirby’s Digest, which section is as follows: “The court in which a judgment or final order has been rendered or made shall have power, after the expiration of the term, to vacate or modify such…
2Cases cited3 opinions
- Martin v. GwynnSupreme Court of Arkansas · 1909
- Woodall v. MooreSupreme Court of Arkansas · 1891
- Blanton v. RoseSupreme Court of Arkansas · 1902
3Cited by5 opinions
- Crockett v. RootSupreme Court of Oklahoma · 1943
- Estes v. LuckySupreme Court of Arkansas · 1918
- Purcell v. GannSupreme Court of Arkansas · 1914
- Wade v. SaffellSupreme Court of Arkansas · 1928
- Evans v. WilliamsSupreme Court of Arkansas · 1916