Williams v. Alexander
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; John E. Martineuu, Chancellor; The appellants were not served with process, nor were they present at the trial or sale, and the decree and sale should be set aside, not only as to Robert but also as to John Henry Jefferson, Ada, Annie and Esther, as they were not served with process, nor were they present at the trial or sale or represented by counsel.
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Appeal from Lonoke Chancery Court; John E. Martineuu, Chancellor; The appellants were not served with process, nor were they present at the trial or sale, and the decree and sale should be set aside, not only as to Robert but also as to John Henry Jefferson, Ada, Annie and Esther, as they were not served with process, nor were they present at the trial or sale or represented by counsel. These heirs are willing to pay appellee all sums expended on account of the land purchased, improving it and taxes on it. The attorneys did not represent these appellants, and they were not served, nor was any…
1Opinion of the Court
HART, J.,
(after stating the facts). (1-2) The power of the chancery court to act in a proper case to relieve the party against a judgment rendered against him upon the unauthorized appearance of an attorney is not a new thing in this State. In the early case of Sneed v. Town, 9 Ark. 535, this court recognized that a court of chancery would relieve a party from a judgment rendered against him in consequence of the totally unauthorized acts of an attorney. -The general rule is that a defendant against whom a judgment has been rendered on an unauthorized appearance may be relieved against it. 3…
2Cases cited4 opinions
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
- State v. HillSupreme Court of Arkansas · 1887
- Winters v. MeansNebraska Supreme Court · 1888
- Wheeler v. CoxSupreme Court of Iowa · 1881
3Cited by10 opinions
- Cantwell v. CantwellIndiana Supreme Court · 1957
- Horn v. HullSupreme Court of Arkansas · 1925
- Dupree v. StateSupreme Court of Arkansas · 1980
- Morgan v. LeonSupreme Court of Arkansas · 1929
- Anderson v. HargravesSupreme Court of Arkansas · 1981
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