Foohs v. Bilby
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Bugene Lankford, Judge; STATEMENT BY THE COURT. Proceedings were instituted in the Arkansas Circuit Court by John Foohs against J. S. Bilby, under section 4431 of Kirby’s Digest, to vacate a former judgment of said court. The original suit was brought by Bilby against Foohs in the Arkansas Circuit 'Court to recover a lot of staves manufactured from, timber cut from land alleged to be owned by Bilby.
Read the full summary
Appeal from Arkansas Circuit Court; Bugene Lankford, Judge; STATEMENT BY THE COURT. Proceedings were instituted in the Arkansas Circuit Court by John Foohs against J. S. Bilby, under section 4431 of Kirby’s Digest, to vacate a former judgment of said court. The original suit was brought by Bilby against Foohs in the Arkansas Circuit 'Court to recover a lot of staves manufactured from, timber cut from land alleged to be owned by Bilby. The judgment of the circuit court was for Bilby, and Foohs appealed to this -court. The judgment was reversed, and the cause remanded for a new trial. Foohs v.…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is first contended by counsel for appellant that the judgment in favor of Bilby vacating the former judgment is void because no service in the proceeding was had upon Foohs; but he is precluded from, raising this question by the recitals of the record that “the attorney for said John Foohs has submitted a written argument or a statement to this court in this cause.” “Any action on the part of a defendant, except to object to the jurisdiction, which recognizes- the case as in court will amount to a general appearance.” 3 Cyc. 504. “Any taking part in the…
2Cases cited8 opinions
- Harrison v. TraderSupreme Court of Arkansas · 1874
- Miller v. NuckollsSupreme Court of Arkansas · 1905
- Hall v. BonvilleSupreme Court of Arkansas · 1880
- Cox v. CooleySupreme Court of Arkansas · 1908
- Independence County v. TomlinsonSupreme Court of Arkansas · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Dlouhy v. DlouhyWashington Supreme Court · 1960
- Davis v. DavisSupreme Court of Arkansas · 1987
- Payne v. StocktonSupreme Court of Arkansas · 1921
- Chapman & Dewey Lumber Co. v. BryanSupreme Court of Arkansas · 1931
- Johnson v. Cincinnati InsuranceSupreme Court of Arkansas · 2008
17 more not listed; retrieve them via the Exa API.