Fernwood Mining Co. v. Pluna
Supreme Court of Arkansas
Appeal from Johnson Chancery Court; Jordan Sellers, Chancellor; 1. This court has often upheld the power and right of a chancery court to enjoin a judgment at law unless the successful party would submit to a new trial. 61 Ark. 354; 38 Id. 283; 40 Id. 338; 35 Id. 123; 73 Id. 555; 75 Id. 507; 96 Id. 520; 114 Id. 261; 120 Id. 151. Keeping in mind the principles laid down in the above cases, the appellant is (1) without fault and (2) the judgment is unjust and inequitable and…
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Appeal from Johnson Chancery Court; Jordan Sellers, Chancellor; 1. This court has often upheld the power and right of a chancery court to enjoin a judgment at law unless the successful party would submit to a new trial. 61 Ark. 354; 38 Id. 283; 40 Id. 338; 35 Id. 123; 73 Id. 555; 75 Id. 507; 96 Id. 520; 114 Id. 261; 120 Id. 151. Keeping in mind the principles laid down in the above cases, the appellant is (1) without fault and (2) the judgment is unjust and inequitable and appellant was entitled to relief. Judge Priddy had left the State and remained away during the entire term of the court…
1Opinion of the Court
HART, J.,
(after stating the facts). The complaint in this case proceeds upon the theory that the plaintiffs herein had a meritorious defense to the suit in the law court against them and they asked for a new trial upon the ground of unavoidable accident. After a careful examination of the petition, which is set forth in full in the statement of facts, we are of the Opinion that it fails to state facts sufficient to entitle the plaintiffs to a new trial in the law case. It is not enough that an inevitable accident has prevented the losing party from prosecuting an appeal based upon assignments…
2Cases cited5 opinions
- Fernwood Mining Co. v. PlunaSupreme Court of Arkansas · 1918
- Whitehill v. ButlerSupreme Court of Arkansas · 1888
- Vallentine v. HollandSupreme Court of Arkansas · 1883
- Jackson v. WoodruffSupreme Court of Arkansas · 1893
- Noe v. LaytonSupreme Court of Arkansas · 1905
3Cited by1 opinion
- Powell v. Van DonselaarNebraska Supreme Court · 1955