Bertig Bros. v. Independent Gin Co.
Supreme Court of Arkansas
Appeal from Greene Oironit Court; R. H. Dudley, Judge; The judgment is void, as the circuit court, notwithstanding the waiver of the filing of the mandate, did not acquire jurisdiction to retry the cause. Where a judgment is reversed, the circuit court proceeds to try the case again until the mandate is filed. 10 Ark. 454. Consent can not confer jurisdiction. The certiorari should be quashed.
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Appeal from Greene Oironit Court; R. H. Dudley, Judge; The judgment is void, as the circuit court, notwithstanding the waiver of the filing of the mandate, did not acquire jurisdiction to retry the cause. Where a judgment is reversed, the circuit court proceeds to try the case again until the mandate is filed. 10 Ark. 454. Consent can not confer jurisdiction. The certiorari should be quashed. The rule in 10 Ark. 454 has been often followed. 79 Ark. 185; 93 Id. 168; 38 S. E. 575. No question as to the mandate being filed was raised. The case was reversed and remanded. The filing of the mandate…
1Opinion of the CourtMcCulloch, C. J.
Appellants were the plaintiffs below in an action against appellees to recover damages alleged to have resulted from furnishing false samples of baled cotton. The trial of the cause resulted in a verdict and judgment against appellants who prosecuted an appeal to this court. This court reversed, the judgment of the circuit court and remanded the cause for a new trial. The judgment of reversal was rendered on April 12, 1920, and on October 11, 1920, the parties waived the issuance and filing of the mandate of this court and proceeded to a retrial of the cause in the circuit court. The second…
2Cases cited7 opinions
- Bowman v. StateSupreme Court of Arkansas · 1909
- Baxter v. BrooksSupreme Court of Arkansas · 1874
- Auditor v. DaviesSupreme Court of Arkansas · 1840
- St. L., I. M. & S. Railway Co. v. BarnesSupreme Court of Arkansas · 1879
- County of Pulaski v. IrvinSupreme Court of Arkansas · 1842
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3Cited by20 opinions
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- Skokos v. GraySupreme Court of Arkansas · 1994
- Patterson v. AdcockSupreme Court of Arkansas · 1923
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