State Fair Ass'n v. Terry
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. statement by the court. On the 12th of February, 1894, the State Fair Association, hereinafter called the Association, filed its complaint in the Pulaski Chancery Court against Joseph Townsend and W. J. Terry, his guardian, Sarah Townsend, legatee of Miles Q. Townsend, deceased, C. F. Penzel, W. B. Worthen, the Little Rock Jockey Club and the Southern Cotton Oil Company.
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Appeal from Pulaski Chancery Court. statement by the court. On the 12th of February, 1894, the State Fair Association, hereinafter called the Association, filed its complaint in the Pulaski Chancery Court against Joseph Townsend and W. J. Terry, his guardian, Sarah Townsend, legatee of Miles Q. Townsend, deceased, C. F. Penzel, W. B. Worthen, the Little Rock Jockey Club and the Southern Cotton Oil Company. The object of the suit was the redemption of certain real estate, known as the “Fair Grounds.” In 1882 the Association had executed to Chas, F. Penzel, one of the defendants, a deed of…
1Opinion of the Court
•Huí, C. J.,
(after stating the facts.) Bill of review may be filed without leave first had and obtained when it is to review errors of law apparent upon the face of the record; but where it is to review the finding by reason of newly discovered evidence, leave must first be had. Jacks v. Adair, 33 Ark. 173; Webster v. Diamond, 36 Ark. 538; Wood v. Wood, 59 Ark. 441; Bartlett v. Gregory, 60 Ark. 453.
It is in the sound discretion of the .court to grant leave to file a bill of review. 2 Beach, Mod. Equity, § 867. • Whether the chancellor can look beyond the petition and supporting affidavits is…
2Cases cited14 opinions
- Johnson v. Van EppsIllinois Supreme Court · 1884
- Wood v. WoodSupreme Court of Arkansas · 1894
- Chowning v. StanfieldSupreme Court of Arkansas · 1886
- Sisk v. AlmonSupreme Court of Arkansas · 1879
- The Bank of the United States v. Jacob White, David Cummins, and Robert BennefilSupreme Court of the United States · 1834
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3Cited by12 opinions
- Easterline v. BeanTexas Supreme Court · 1932
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- Pugh v. JonesSupreme Court of Iowa · 1907
- Wheeler & Motter Mercantile Co. v. KnoxSupreme Court of Arkansas · 1918
- Miller v. SheltonSupreme Court of Oklahoma · 1925
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