McConnell v. Day
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court in Chancery. James E. Riddick, Judge. Ejectment by Day & Proudfit against Ella G. McConnell and others. The facts are stated in the opinion of the court. 1. Mrs. McConnell is not barred by the U. S. court judgment. It was void for want of jurisdiction, apparent upon the record. Mansf.
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Appeal from Crittenden Circuit Court in Chancery. James E. Riddick, Judge. Ejectment by Day & Proudfit against Ella G. McConnell and others. The facts are stated in the opinion of the court. 1. Mrs. McConnell is not barred by the U. S. court judgment. It was void for want of jurisdiction, apparent upon the record. Mansf. Dig. sec. 5201; 49 Ark. 413 ; 34 Cal. 391; 57 Ark. 49, 628 ; 56 id. 338. No case can be found where a judgment record, shown by proper evidence to be a complete record, containing no process, no docket entry, and no order nor recital to raise the presumption of appearance has…
1Opinion of the Court
Bourdand, Sp. J.
This was an action in ejectment in the Crittenden circuit court, brought by appellees to recover from the appellant a large quantity of land, being portions of sections 14, 22, 23 and 24, in township 5 north, of range 8 east, of which it is alleged that appellant is in the unlawful possession. The pleadings are lengthy, and the whole record suggests the propriety of an attempt at condensation of treatment. It is believed, therefore, that a substantial statement of the facts disclosed by the record will afford a sufficiently favorable view of the issues and points of contention…
2Cases cited20 opinions
- Applegate v. Lexington & Carter County Mining Co.Supreme Court of the United States · 1886
- Wilcher v. RobertsonSupreme Court of Virginia · 1884
- Clary v. HoaglandCalifornia Supreme Court · 1856
- Bosworth v. . VandewalkerNew York Court of Appeals · 1873
- Tyler v. HerringMississippi Supreme Court · 1889
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Clay v. BilbySupreme Court of Arkansas · 1904
- Ross v. RoyalSupreme Court of Arkansas · 1905
- McDonald v. Fort Smith & Western RailroadSupreme Court of Arkansas · 1912
- Pattison v. SmithSupreme Court of Arkansas · 1910
- Turley v. OwenSupreme Court of Arkansas · 1934
16 more not listed; retrieve them via the Exa API.