Stewart v. Wood
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Bvans, Judge; The opinion delivered on the former appeal settles this controversy. 81 Ark. 41. The judgment appealed from is clearly erroneous. 63 Ark. 141; 79 Ark. 185; 60 Ark. 50; 56 Ark. 170; 55 Ark. 609. The only question sent down to the lower court was, did the agreement as to the judgment remain in force between the parties up to the time of its rendition, and, incidentally, what amount of judgment was agreed upon? If the…
Read the full summary
Appeal from Crawford Circuit Court; Jeptha H. Bvans, Judge; The opinion delivered on the former appeal settles this controversy. 81 Ark. 41. The judgment appealed from is clearly erroneous. 63 Ark. 141; 79 Ark. 185; 60 Ark. 50; 56 Ark. 170; 55 Ark. 609. The only question sent down to the lower court was, did the agreement as to the judgment remain in force between the parties up to the time of its rendition, and, incidentally, what amount of judgment was agreed upon? If the lower court meant by its finding that no agreement ever existed, or that it had been rescinded, such finding is not…
1Opinion of the CourtHart, J.
This action is before the court a second time. The former opinion is reported in 81 Ark. 41, to which reference is made for a statement of the case..When the cause was remanded, it was transferred to the circuit court pursuant to the directions of this court. Scewart then filed his motion to set aside the judgment, basing it on the fourth sub-division of section 4431 of Kirby’s Digest, which reads as follows:
“For fraud practiced by the successful party in the obtaining of the judgment or order.”
The motion was heard before the same judge who tried the case in the first instance. After hearing…
2Cases cited2 opinions
- Luttrell v. ReynoldsSupreme Court of Arkansas · 1896
- Wood v. StewartSupreme Court of Arkansas · 1906
3Cited by5 opinions
- Hendrickson v. Farmers' Bank & Trust Co.Supreme Court of Arkansas · 1934
- Feild v. WatersSupreme Court of Arkansas · 1921
- Barber v. SagerSupreme Court of Arkansas · 1919
- Hendrickson v. Farmers' Bank & Trust Co.Supreme Court of Arkansas · 1934
- Mason v. GatesSupreme Court of Arkansas · 1909