Church v. Gallic
Supreme Court of Arkansas
Appeal from Garland Chancery Court. Alphonso Curl, Judge. STATEMENT BY THg COURT. This was a bill to enjoin the execution of a writ of possession issued upon a judgment rendered against the appellant, in favor of the appellee, Gus Gallic, in the Garland Circuit Court, and to compel the appellee to submit to a new trial.
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Appeal from Garland Chancery Court. Alphonso Curl, Judge. STATEMENT BY THg COURT. This was a bill to enjoin the execution of a writ of possession issued upon a judgment rendered against the appellant, in favor of the appellee, Gus Gallic, in the Garland Circuit Court, and to compel the appellee to submit to a new trial. The writ of possession was issued upon a judgment rendered in a suit in ejectment for the possession of the land, the title to which is being litigated in case No. 5254 now pending in this court on appeal. The complaint alleged that the said Gus Gallic, on the 5th day of May,…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The complaint was defective. It did not state a cause of action.
The general allegation that appellant lost her right of appeal by the loss of a bill of exceptions, an accident unavoidable on her part, states no ground for equitable interposition, under Kansas & Arkansas Valley Ry. Co. v. Fitzhugh, 61 Ark. 341. This defect in statement, however, might have been reached by motion to make more specific.
But the complaint, even if treated as sufficient on demurrer in this particular, did not state any ground for relief on the merits. The fact that appellant was…
2Cases cited1 opinion
- Kansas & Arkansas Valley Railroad v. FitzhughSupreme Court of Arkansas · 1895
3Cited by4 opinions
- Livingston v. New England Mortgage Security Co.Supreme Court of Arkansas · 1906
- Quellmalz Lumber & Manufacturing Co. v. DaySupreme Court of Arkansas · 1918
- Jenkins v. JenkinsSupreme Court of Arkansas · 1906
- Morrow v. MockSupreme Court of Arkansas · 1922