Midyett v. Kerby
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; J ohn E. MarUneau, Chancellor; 1. The court had the power to set aside the former decree. 23 Cyc. 901; 27 Ark: 296; 6 Id. 100; 70 Id. 312; 107 Id. 415. It may be set aside during the term without notice. 23 Cyc. 952. No notice to appellee was necessary. 118 Ark. 497. 2. The testimony shows that the court really set the decree aside during the term, but the order was not entered, and the nunc pro tunc order should have been granted. 118…
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Appeal from Pulaski Chancery Court; J ohn E. MarUneau, Chancellor; 1. The court had the power to set aside the former decree. 23 Cyc. 901; 27 Ark: 296; 6 Id. 100; 70 Id. 312; 107 Id. 415. It may be set aside during the term without notice. 23 Cyc. 952. No notice to appellee was necessary. 118 Ark. 497. 2. The testimony shows that the court really set the decree aside during the term, but the order was not entered, and the nunc pro tunc order should have been granted. 118 Ark. 497; lb. 593. The court properly refused the petition. The testimony was not clear, satisfactory and convincing, and…
1Opinion of the CourtHumphreys, J.
On October 16, 1916, appellant filed a written motion in this case praying that a nunc pro tunc decree be entered vacating a judgment rendered in the cause on the 6th day of June, 1913. It was alleged in the motion that prior to the adjournment of the April, 1913, term of court, at which term the judgment was rendered, that the court rendering the judgment made an order vacating it, but through oversight, the vacating order was not entered of record.
Appellee, responding to the motion, denied that an oral order had been made setting aside and vacating the judgment rendered on June 6, 1913.
The…
2Cases cited7 opinions
- Bobo v. StateSupreme Court of Arkansas · 1882
- Wells Fargo & Co. v. W. B. Baker Lumber Co.Supreme Court of Arkansas · 1913
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- Liddell v. BodenheimerSupreme Court of Arkansas · 1906
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3Cited by21 opinions
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