Campbell v. Garven
Supreme Court of Arkansas
This was ejectment, determined in Washington circuit court, in January, 1843, before the Hon. Joseph M. Hose, one of the circuit, judges. Joseph and Elizabeth Garven on the 12th of January, 1841, sued Campbell for the east half of the north-east quarter, and the west half of the north-east quarter of section eight, township 14 north, range 32 west, containing 160 acres of land in said county.
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This was ejectment, determined in Washington circuit court, in January, 1843, before the Hon. Joseph M. Hose, one of the circuit, judges. Joseph and Elizabeth Garven on the 12th of January, 1841, sued Campbell for the east half of the north-east quarter, and the west half of the north-east quarter of section eight, township 14 north, range 32 west, containing 160 acres of land in said county. On the 19th of May, 1841, Campbell filed his plea of not guilty, and also, a motion to dismiss the suit, because of the non-rcsidence of the plaintiffs, which was dismissed accordingly, and final…
1Opinion of the Court
Bp the Court,
Lacy J.
It is certainly competent for the circuit court to modify or change its proceedings and judgments at any time during the term at which they were had, and before the same has finally expired. Within that time they are in' contemplation of law supposed to be and remain in the breast of the judge for the purposes of revision and correction. In the exercise of this power, the court, as in all other cases, would be bound by a just legal discretion, and would not, in its practice, be permitted capri. ciously and arbitrarily to sport away the vested rights of parties. In the…
2Cited by5 opinions
- McDonald v. the Olla State BankSupreme Court of Arkansas · 1936
- Mooney v. TylerSupreme Court of Arkansas · 1900
- Midwest Timber Products Co. v. SelfSupreme Court of Arkansas · 1959
- Cowan v. PatrickSupreme Court of Arkansas · 1969
- Dodd v. HoldenSupreme Court of Arkansas · 1943