Legal Opinion

Rankin v. Schofield

Supreme Court of Arkansas

Decided January 4, 1902PublishedCited by 32 opinions

Appeal from Woodruff Circuit Court in Chancery. Matthew T. Sanders, Judge. The chancery court had jurisdiction of the subject-matter and person, and in the exercise of its discretion this court cannot control it. 26 Ark. 421; 44 Ark. 411. A decree by consent is binding and conclusive, unless procured by fraud. 5 Johns. Ch. 564; 18 111. 167-169; S. C. 65 Am. Dec. 729; 59 S. W. 1075. This is true as to infants as well as adults. 17 Am. Rep. 167-8; 53 Am.

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Appeal from Woodruff Circuit Court in Chancery. Matthew T. Sanders, Judge. The chancery court had jurisdiction of the subject-matter and person, and in the exercise of its discretion this court cannot control it. 26 Ark. 421; 44 Ark. 411. A decree by consent is binding and conclusive, unless procured by fraud. 5 Johns. Ch. 564; 18 111. 167-169; S. C. 65 Am. Dec. 729; 59 S. W. 1075. This is true as to infants as well as adults. 17 Am. Rep. 167-8; 53 Am. Dec. 421; 89 id. 172-180; S. C. 31 Cal. 273; 74 Am. Dec. 297; 8 la. 17; 64 Am. St. 830; 1 Dan. Ch. PI. & Pr. 164-5. A court of chancery has…

1Opinion of the CourtWood, J.

The decree from which this appeal was taken was rendered in February, 1889. This appeal was granted by the clerk of this court February 19, 1900. The appellant was born June 24, 1881. She was therefore 18 years, 7 months and 25 days old, when this appeal was granted. The decree from which she appeals had been rendered eleven years before.

The act approved March 16, 1899, to regulate the time in which appeals and writs of error may be taken to this court, is as follows:

“Section 1. An appeal or writ of error shall not be granted except within one year next after the rendition of the judgment,…

2Cases cited8 opinions

  1. Bank of the United States v. RITCHIESupreme Court of the United States · 1834
  2. McCloy & Trotter v. ArnettSupreme Court of Arkansas · 1886
  3. Moore v. WoodallSupreme Court of Arkansas · 1882
  4. Pinchback v. GravesSupreme Court of Arkansas · 1883
  5. Gregg v. Town of WeathersfieldSupreme Court of Vermont · 1883

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3Cited by32 opinions

  1. Wright v. JonesTexas Commission of Appeals · 1932
  2. Stolte v. LarkinCourt of Appeals for the Eighth Circuit · 1940
  3. Knight v. WaggonerCourt of Appeals of Texas · 1919
  4. Davis v. Office of Child Support EnforcementSupreme Court of Arkansas · 1995
  5. Rolater v. StrainSupreme Court of Oklahoma · 1911

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