Broadway v. Sidway
Supreme Court of Arkansas
Appeal from Craighead Chancery Court; Edward D. Robertson, Chancellor; In collateral attacks upon judgments, etc., ordinarily evidence aliunde can not be introduced to overthrow them; but - where there is fraud or mistake, it is admissible, as under § 4424, Kirby’s 'Digest, the decree is absolutely void. 77 Ark, 383; 77 Id. 504; 49 Id. 411; 33 Id.'778; 50 Id. 459; 71 Id. 565. There was no notice and no service. 63 Ark. 323;. 79 Id. 289. The decree was regularly rendered, and…
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Appeal from Craighead Chancery Court; Edward D. Robertson, Chancellor; In collateral attacks upon judgments, etc., ordinarily evidence aliunde can not be introduced to overthrow them; but - where there is fraud or mistake, it is admissible, as under § 4424, Kirby’s 'Digest, the decree is absolutely void. 77 Ark, 383; 77 Id. 504; 49 Id. 411; 33 Id.'778; 50 Id. 459; 71 Id. 565. There was no notice and no service. 63 Ark. 323;. 79 Id. 289. The decree was regularly rendered, and no good defense was made or is now tendered. 47 Ark. 293; 55 Id. 348; 98 U. S. 56; 2 Warvelle on Vendors, § 904. It is…
1Opinion of the CourtBattue, J.
On the I2th day of March, 1897, the following decree was rendered by the Craighead Circuit Court, in chancery sitting:
“On this day, this cause coming on to be heard, comes the plaintiff, Deverett B. Sidway, by his .attorney, E. F. Brown, and the defendants, W. P. Tyler, Mary E. Tyler, L. B. Tyler, and A. C. Broadway, by their attorneys, Lamb & Lamb, and the cause being submitted upon the- complaint, exhibits and record proof introduced af the bar of the court, the court finds that the defendants, W. P. Tyler, Mary E. Tyler, and L. B. Tyler, on the 20th day of December, 1894, executed and…
2Cases cited4 opinions
- State v. HillSupreme Court of Arkansas · 1887
- Kline v. RaglandSupreme Court of Arkansas · 1886
- Turman v. SanfordSupreme Court of Arkansas · 1901
- Wyman v. JohnsonSupreme Court of Arkansas · 1900
3Cited by13 opinions
- Pender v. McKeeSupreme Court of Arkansas · 1979
- Horn v. HullSupreme Court of Arkansas · 1925
- Jackson v. LadySupreme Court of Arkansas · 1919
- Quigley v. HammondSupreme Court of Arkansas · 1912
- Berringer v. StevensSupreme Court of Arkansas · 1920
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