Jordan v. Muse
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Evans, Judge; The limitation act as to foreign judgments and decrees is five years. 23 Cyc. 1564; Wood on Limitations, § 30 n. 3; xo Ark. 597; 5 Id. 510. The plaintiff can not recover of the defendant alone. The plaintiff in an action on a judgment must recover against all of the defendants or none.
Read the full summary
Appeal from Garland Circuit Court; W. H. Evans, Judge; The limitation act as to foreign judgments and decrees is five years. 23 Cyc. 1564; Wood on Limitations, § 30 n. 3; xo Ark. 597; 5 Id. 510. The plaintiff can not recover of the defendant alone. The plaintiff in an action on a judgment must recover against all of the defendants or none. Freeman on Judgments, § 439. The judgment of the Tennessee court may be enforced in this State. 11 Ark. 157; 12 Id. 756; 13 Id. 33; Id. 431; 14 Id. 360; 22 Id. 453; Id. 389; 35 Id. 331; 48 Id. 50; 52 Id. 160. The action was brought in time, it having been…
1Opinion of the CourtMcCulloch, J.
This is an action instituted in the Garland Circuit Court by appellee against appellant upon a decree of a chancery court in the State of Tennessee rendered in favor of the former and against the latter and certain other parties for the recovery of the sum of two thousand, three hundred and twenty-one and 84-100 dollars. Appellant recovered judgment below for the full amount of the Tennessee decree.
The decree of the Tennessee court was rendered in the year 1899, and the present action was commenced in 1907, more than five, but less than ten years later.
A section of statute of limitations…
2Cases cited8 opinions
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Christmas v. RussellSupreme Court of the United States · 1866
- Blackwell v. Patton & Irwin's LesseeSupreme Court of the United States · 1813
- Hallum v. DickinsonSupreme Court of Arkansas · 1886
- Hicks v. BrownSupreme Court of Arkansas · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ball v. BallSupreme Court of Arkansas · 1934
- Jack Wood Construction Co. v. FordSupreme Court of Arkansas · 1975
- Tomlinson Chair Manufacturing Co. v. Jop-pa Mattress Co.Supreme Court of Arkansas · 1916
- Groning v. StateSupreme Court of Arkansas · 1922
- Taylor v. BaconSupreme Court of Arkansas · 1912
3 more not listed; retrieve them via the Exa API.