Hawkeye Tire & Rubber Co. v. McFarlin
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. The court had the right to set aside the default judgment, regularly and properly entered, without any showing whatever. 102 Ark. 255; 90 Ark. 86-7; 123 Id. 446. 2. The court has the inherent power and discretion to set aside a judgment on its own motion.' Kirby’s Digest, § 1188. 3. An order setting aside a default judgment is a final judgment from which an appeal lies. 104 Ark. 45; 105 Id. 324; 27 Ark.…
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Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. The court had the right to set aside the default judgment, regularly and properly entered, without any showing whatever. 102 Ark. 255; 90 Ark. 86-7; 123 Id. 446. 2. The court has the inherent power and discretion to set aside a judgment on its own motion.' Kirby’s Digest, § 1188. 3. An order setting aside a default judgment is a final judgment from which an appeal lies. 104 Ark. 45; 105 Id. 324; 27 Ark. 296; 107 Id. 422; 122 Id. 262; 131 Id. 90. 4. If the court has inherent power to set aside judgments by default they…
1Opinion of the CourtHumphreys, J.
This is an appeal from a judgment rendered on the 8th day of May, 1920, in the Second Division of the Pulaski Circuit Court, setting aside a default judgment rendered on April 7, 1920, which was a regular day of the same term of court, wherein appellant was plaintiff and appellee was defendant. The suit was commenced by appellant against appellee in the Second Division of the Municipal Court of Little Bock by filing an itemized account in the total sum of $142.57 for automobile tires ordered by, and shipped to, appellee. Appellee made a defense in the municipal court and the cause was…
2Cases cited3 opinions
- Midyett v. KerbySupreme Court of Arkansas · 1917
- Wells Fargo & Co. v. W. B. Baker Lumber Co.Supreme Court of Arkansas · 1913
- Ayers v. Anderson-Tully Co.Supreme Court of Arkansas · 1909
3Cited by9 opinions
- Lamb v. JFM, INC.Supreme Court of Arkansas · 1992
- Democrat Printing & Lithographing Co. v. Van Buren CountySupreme Court of Arkansas · 1931
- T. J. Moss Tie Company v. MillerSupreme Court of Arkansas · 1925
- Henry v. PowellSupreme Court of Arkansas · 1978
- Wofford v. YoungSupreme Court of Arkansas · 1927
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