Womack v. Womack
Supreme Court of Arkansas
Appeal from' Saline Chancery Court. Leeand Leatherman, Chancellor. Suit by Mrs. J. E. Womack against her husband, D. H. Womack, to set aside a decree of divorce, and to annul a conveyance of land from her to him. Judgment below for defendant, from which plaintiff has appealed. STATEMENT BY THE COURT.
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Appeal from' Saline Chancery Court. Leeand Leatherman, Chancellor. Suit by Mrs. J. E. Womack against her husband, D. H. Womack, to set aside a decree of divorce, and to annul a conveyance of land from her to him. Judgment below for defendant, from which plaintiff has appealed. STATEMENT BY THE COURT. The appellee was married to appellant, in Tennessee, in 1872. Each was of small means, but some few hundred dollars came to the wife (appellant). They moved to Missouri after a few years. Then the appellee was injured and incapacitated from work for a season, and appellant taught school, and…
1Opinion of the CourtHiuu, C. J.
(after stating the facts.) 1. The fourth paragraph of section 4197, Sandels & Hill’s Digest, authorizes judgments to be vacated, after the term of their rendition, “for fraud practiced by the successful party in the obtaining of the judgment or order.” Section 4199 prescribed the procedure for such attack, and it was substantially followed in this case; and section 4200, as construed in Chambliss v. Reppy, 54 Ark. 539, requires, as a condition precedent to the maintenance of such suit to vacate the decree, that it be adjudged that there was a valid defense to the action in which the judgment…
2Cases cited8 opinions
- Cate v. CateSupreme Court of Arkansas · 1890
- Chambliss v. ReppySupreme Court of Arkansas · 1891
- Reed v. ReedSupreme Court of Arkansas · 1896
- Ward v. Estate of WardSupreme Court of Arkansas · 1880
- Thelin v. ThelinAppellate Court of Illinois · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Jelm v. JelmOhio Supreme Court · 1951
- Harbour v. HarbourSupreme Court of Arkansas · 1912
- Parker v. SimsSupreme Court of Arkansas · 1932
- Graham v. GrahamWashington Supreme Court · 1909
- Corney v. CorneySupreme Court of Arkansas · 1910
32 more not listed; retrieve them via the Exa API.