Cady v. Pack
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrels, Judge; 1. The court erred in setting aside the judgment. No fraud is shown, nor unavoidable casualty or misfortune.
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Appeal from Jefferson Circuit Court; W. B. Sorrels, Judge; 1. The court erred in setting aside the judgment. No fraud is shown, nor unavoidable casualty or misfortune. Kirby’s Digest, § 4431, par. 7; lb. § 4433; 39 Ark. 107; 93 Id. 462. Mere negligence of one’s attorney is not sufficient. 104 Ark. 45. 2. The party must show that he was not guilty of' negligence or carelessness. 114 Ark. 493. Due service was had and notice given. 106 Id. 230. 3. "While the court has power to vacate a judgment after expiration of term, under Kirby’s Digest, § § 4431-3, there was a sufficient showing made here.…
1Opinion of the CourtHumphreys, J.
This proceeding was instituted in the Jefferson Circuit Court to vacate a default judgment rendered against appellee in favor of appellant on the 25th day of February, 1918, in a suit in forcible entry and detainer of certain real estate wherein appellant was plaintiff and appellee was defendant. Appellee alleged in the complaint to vacate the default judgment that prior to the rendition thereof he filed an answer setting up a meritorious defense with the clerk of the court which was misplaced or lost and not noted on the docket, and that through this unavoidable casualty and misfortune lie…
2Cases cited4 opinions
- Jones v. GlidewellSupreme Court of Arkansas · 1890
- Williams v. BuchananSupreme Court of Arkansas · 1908
- Schuman v. SandersonSupreme Court of Arkansas · 1904
- Matthews v. Clay CountySupreme Court of Arkansas · 1916
3Cited by13 opinions
- Thomas v. ThomasSupreme Court of Arkansas · 1921
- Little River County v. BuronSupreme Court of Arkansas · 1924
- Halliday v. FentonSupreme Court of Arkansas · 1924
- Bickerstaff v. Harmonia Fire Insurance CompanySupreme Court of Arkansas · 1939
- Collier v. Mississippi Beneficial Life InsuranceSupreme Court of Arkansas · 1924
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