Awbrey v. Hoopes
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; The judgment by default should have been set aside (1) because it is shown by the petition and affidavit that defendant had a good defense to the suit on its merits; (2) because defendant filed a motion to require plaintiff to make his complaint more definite and certain, and said motion was pending when the judgment was rendered, and it was error to enter the default judgment until the motion was duly…
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Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; The judgment by default should have been set aside (1) because it is shown by the petition and affidavit that defendant had a good defense to the suit on its merits; (2) because defendant filed a motion to require plaintiff to make his complaint more definite and certain, and said motion was pending when the judgment was rendered, and it was error to enter the default judgment until the motion was duly passed upon by the court and defendant given •an opportunity to present his answer and defense. 23 Cyc. 750; 25 Ark.…
1Opinion of the CourtSmith, J.
Appellee recovered judgment in the Logan Circuit Court, Northern District, against appellant, Awbrey, and two others, for debt. The judgment was rendered by default, and a motion to vacate that judgment was filed after the expiration of the term at which it was rendered. That motion was overruled, and this appeal is from that order.
The record before us discloses the following facts. Appellant and two other defendants were served with summons, and before court convened appellant’s attorney mailed to the clerk of the court a motion to make the complaint more definite and certain. The complaint…
2Cited by5 opinions
- O'Neal v. B. F. Goodrich Rubber CompanySupreme Court of Arkansas · 1942
- Jetton v. FawcettSupreme Court of Arkansas · 1978
- Watson v. ConnorsSupreme Court of Arkansas · 2008
- Anderson v. MeltonSupreme Court of Arkansas · 1954
- Stover v. RobinsonSupreme Court of Arkansas · 1920