Pharr v. Knox
Supreme Court of Arkansas
Appeal from Lincoln Chancery Court; John M. Elliott, Chancellor; The court erred in sustaining the demurrer and dismissing the complaint. (1) The complaint as amended set up a cause of action cognizable in equity, and (2) the court erred in sustaining the demurrer. Art. 16, § 13, Const. 1874; 93 Ark. 336; 104 Icl. 16; 88 Id. 353. Fraud and collusion were alleged in obtaining the judgment of the county court.
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Appeal from Lincoln Chancery Court; John M. Elliott, Chancellor; The court erred in sustaining the demurrer and dismissing the complaint. (1) The complaint as amended set up a cause of action cognizable in equity, and (2) the court erred in sustaining the demurrer. Art. 16, § 13, Const. 1874; 93 Ark. 336; 104 Icl. 16; 88 Id. 353. Fraud and collusion were alleged in obtaining the judgment of the county court. Certiorari nor prohibition would lie. 30 Ark. 101. The judgment was in rem, and can be impeached for want of jurisdiction. 48 Ark. 151. The petition was jurisdictional, and it was…
1Opinion of the CourtWood, J.
This action was instituted by appellants against the appellees. The appellees were commissioners of a road district established by the county court of Lincoln County under act 338 of the Acts of 1915, called the Alexander Road Law.
The complaint alleged that the road improvement district and the proceedings thereof were invalid, for the following reasons, towit:
1. “That the order or judgment of the said Lincoln County Court creating and establishing said road improvement district was procured by fraud, collusion and mistake.”
2. “That the name of W. H. Atkinson.appears on said petition,…
2Cases cited6 opinions
- Lamberson v. CollinsSupreme Court of Arkansas · 1916
- McIlroy v. BucknerSupreme Court of Arkansas · 1880
- McLeod v. GriffisSupreme Court of Arkansas · 1888
- Chapman & Dewey Land Co. v. Osceola & Little River Road Improvement District No. 1Supreme Court of Arkansas · 1917
- Twombly v. KimbroughSupreme Court of Arkansas · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Reynolds v. HallSupreme Court of Arkansas · 1953
- Ledwidge v. TaylorSupreme Court of Arkansas · 1940
- Paving Improvement District No. 105 of Pine Bluff v. WrightSupreme Court of Arkansas · 1930
- Vaught v. FreySupreme Court of Arkansas · 1951
- Ahern v. Paving Improvement District No. 53 of TexarkanaSupreme Court of Arkansas · 1930
3 more not listed; retrieve them via the Exa API.