Harkey v. Tillman
Supreme Court of Arkansas
. APPEAL from Yell Circuit Court iu Chancery. . Hon. W. D. Jacoway Circuit Judge. • That equity will afford relief in cases like this, whenever the new trial sought should have been granted, is well settled.
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. APPEAL from Yell Circuit Court iu Chancery. . Hon. W. D. Jacoway Circuit Judge. • That equity will afford relief in cases like this, whenever the new trial sought should have been granted, is well settled. The sufficiency of the bill depends therefore on that of the motion for new trial. 1. One partner cannot bring replevin against his partner or his vendee, until division. 32 Ark., 470; 31 lb., 830. 2. Replevin will not lie, when the property is not in the possession of defendant at the time the suit is commenced. Gantt’s Dig., sea. 5034- and notes. There must be a wrongful detention. See…
1Opinion of the CourtEakin, J.
The' appellee Tillman, on an appeal from a Justice of the Peace, recovered, in the Circuit Court, a judgment in Replevin against Harkey for the value of a hale of cotton. There was a motion for a new trial, which, on account of the pressure of business'upon the Court, was not immediately decided, but upon consent oí all parties, was held over to be considered at a future day, at an adjourned session of the same term. By accident, from unforeseen circumstances, the adjourned session could not be held, and the term closed by operation of law; so that the judgment became irrevocable at law, and…
2Cited by11 opinions
- Andrews v. HoeslichWashington Supreme Court · 1907
- Sledge-Norfleet Co. v. MatkinsSupreme Court of Arkansas · 1922
- Galbraith v. BarnardOregon Supreme Court · 1891
- Helman v. WithersIndiana Court of Appeals · 1892
- Eddings v. BonerCourt Of Appeals Of Indian Territory · 1897
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