Osborne v. Lawrence
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Jo Johnson, Special Judge; 1. It was error to set aside a judgment rendered at a, former term without a showing or an adjudication that a valid defense existed to the action. 102 Ark. 252; 94 Id. 347; 104 Id. 449. 2. The answer tendered states no defense to the action. 92 Ark. 535; 105 Id. 309; 84 Id. 462; 89 Id. 412; 91 Id. 212.
1Opinion of the CourtSmith, J.
A judgment was rendered against appellee, and he filed a motion at a subsequent term of the court to set it aside, and upon the hearing of this motion in the 'court below it was conceded that a sufficient showing was made to entitle appellee to the relief prayed under sections 4431 and 4434 of Kirby’s Digest except that there was a failure to show the existénce of a meritorious defense to the cause of action set out in the original complaint. This complaint alleged that the plaintiff was a' real estate dealer, and that the defendant there, who is the appellee here, was the owner of certain…
2Cases cited8 opinions
- State v. HillSupreme Court of Arkansas · 1887
- Quigley v. HammondSupreme Court of Arkansas · 1912
- Knights of Maccabees of the World v. GordonSupreme Court of Arkansas · 1907
- Broadway v. SidwaySupreme Court of Arkansas · 1907
- Martin v. GwynnSupreme Court of Arkansas · 1909
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3Cited by5 opinions
- Davis v. SchimmelSupreme Court of Arkansas · 1972
- Baskin v. Mosaic Templars of AmericaSupreme Court of Arkansas · 1928
- K. & S. Sales Co. v. LeeSupreme Court of Arkansas · 1924
- Billings v. LaddSupreme Court of Arkansas · 1965
- Jerome Hardwood Lumber Co. v. Jackson-Vreeland Land Corp.Supreme Court of Arkansas · 1923