Hare v. Fort Smith & Western Railroad
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith'District; Daniel Hon, Judge; The judgment should have been vacated as to Ellá Hare, an imbecile. The other parties named as defendants in the condemnation proceedings were necessary parties. Kirby’s Dig., § 4431; 49 Ark. 100, 103, 41 Id. 88; 58 Id. 484. Appellant did not show facts to entitle him to a vacation of the former judgment, and (2), the necessary parties were not brought before the court.
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Appeal from Sebastian Circuit Court, Fort Smith'District; Daniel Hon, Judge; The judgment should have been vacated as to Ellá Hare, an imbecile. The other parties named as defendants in the condemnation proceedings were necessary parties. Kirby’s Dig., § 4431; 49 Ark. 100, 103, 41 Id. 88; 58 Id. 484. Appellant did not show facts to entitle him to a vacation of the former judgment, and (2), the necessary parties were not brought before the court. Kirby’s Dig., § § 4431, subd. 5, 4433; 83 Ark. 17, 90 Id. 44; Kirby’s Dig., § § 6006, 6011; 49 Ark. 100; 74 Id. 43; 65 Am. St. 465; 62 How. Pr. 369;…
1Opinion of the CourtFrauenthal, J.
This is an action brought by the guardian of Ella Hare, a person of unsound mind, seeking to vacate a judgment rendered in a suit brought by the Fort Smith & Western Railroad Company, condemning for its use for railroad purposes certain land in Sebastian County alleged to be owned by her. This proceeding was brought in the court rendering said judgment, in pursuance of subdivision 5 of section 4431, Kirby’s Digest. A complaint was filed herein, in accordance with section 4433 of Kirby’s Digest by said guardian of Ella Hare as plaintiff, and against said Fort Smith & Western Railroad Company…
2Cases cited16 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Bentonville R. R. v. BakerSupreme Court of Arkansas · 1885
- Day v. GoodwinSupreme Court of Iowa · 1898
- Douglay v. DavisIndiana Supreme Court · 1873
- Knights of Maccabees of the World v. GordonSupreme Court of Arkansas · 1907
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Silberman v. United StatesCourt of Appeals for the First Circuit · 1942
- McDonald v. Fort Smith & Western RailroadSupreme Court of Arkansas · 1912
- Lee v. Indian Creek Drainage District Number One Etc.Mississippi Supreme Court · 1963
- Arkansas State Highway Commission v. RobertsSupreme Court of Arkansas · 1970
- Ingram v. RaifordSupreme Court of Arkansas · 1927
7 more not listed; retrieve them via the Exa API.