Johnson v. Branch
Supreme Court of Arkansas
APPEAL from Monroe Circuit Court, in Chancery. Hon. M. T. Sanders, Judge. 1. In this case there was neither fraud, accident, mishap nor mistake, to bring it within the rule of 35 Ark,., 123, or lj.0 ib-, 338. 2. Plaintiff was not so aggrieved by the verdict and judgment as to entitle her to a new trial. As to all persons except the mortgagee, Counts was the legal owner and had a right to make the lease to Johnson.
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APPEAL from Monroe Circuit Court, in Chancery. Hon. M. T. Sanders, Judge. 1. In this case there was neither fraud, accident, mishap nor mistake, to bring it within the rule of 35 Ark,., 123, or lj.0 ib-, 338. 2. Plaintiff was not so aggrieved by the verdict and judgment as to entitle her to a new trial. As to all persons except the mortgagee, Counts was the legal owner and had a right to make the lease to Johnson. Jones on Mortgages, sec. 11. By notifying J ohnson in writing to attorn to her, after she had purchased from Counts, by settling with him for the rent of 1881, according to the…
1Opinion of the CourtCockrill, C. J.
This is an appeal from a judgment in equity, directing a new trial in an action at law.
^ was shown that there was no opportunity afforded party against whom the judgment was rendered to move for a new trial, because the court adjourned and the term lapsed before the motion could be made and disposed of. This was such an accident as would give jurisdiction to a court of equity to grant relief, provided the party complaining was otherwise entitled to it. Valentine v. Holland, 40 Ark., 338; Harkey v. Tillman, ib., 551.
1 tmai® ¶ ^when chan cery case at law
The accident alone does not warrant the…
2Cases cited2 opinions
- Austin v. . AhearneNew York Court of Appeals · 1874
- Gartside v. OutleyIllinois Supreme Court · 1871
3Cited by7 opinions
- Kansas & Arkansas Valley Railroad v. FitzhughSupreme Court of Arkansas · 1895
- Sledge-Norfleet Co. v. MatkinsSupreme Court of Arkansas · 1922
- Galbraith v. BarnardOregon Supreme Court · 1891
- Bingman v. ClarkSupreme Court of Iowa · 1916
- Jackson v. WoodruffSupreme Court of Arkansas · 1893
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