McDonald v. Fort Smith & Western Railroad
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; affirmed. 1. The judgment, which shows affirmatively that no defense was made for an insane person, that no guardian was appointed to defend for her, that default was made, etc., was no bar to this suit. The judgment was void. Kirby’s Dig., § 6050; 11 Ark. 519; 47 Id. 431; 49 Id. 397, 411. 2. The condemnation proceeding was a special proceeding, and the law was not followed.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; affirmed. 1. The judgment, which shows affirmatively that no defense was made for an insane person, that no guardian was appointed to defend for her, that default was made, etc., was no bar to this suit. The judgment was void. Kirby’s Dig., § 6050; 11 Ark. 519; 47 Id. 431; 49 Id. 397, 411. 2. The condemnation proceeding was a special proceeding, and the law was not followed. The judgment is open to collateral attack. Kirby’s Dig., § § 2947, 2949; 1 Lewis on Em. Domain, (2 ed.) § 269; 47 Ark. 440-1; 21 Vt. 108; 9 How.…
1Opinion of the CourtFrauenthal, J.
This is an action instituted in 1909 b the guardian of Ella Hare, a person alleged to be of unsoun^ mind, against the Fort Smith & Western Railroad Compan to recover damages for the appropriation by it for railroad purposes of certain land alleged to be owned by her. The defendant denied that Ella Hare owned said land, and pleaded in bar of any right she might have a judgment rendered in a suit instituted by it against said Ella Hare and others in which said land was duly condemned for its railroad purposes. The case was tried by the court sitting as a jury upon an agreed statement of facts.…
2Cases cited9 opinions
- Boyd v. RoaneSupreme Court of Arkansas · 1887
- Clay v. BilbySupreme Court of Arkansas · 1904
- McConnell v. DaySupreme Court of Arkansas · 1896
- Peters v. TownsendSupreme Court of Arkansas · 1910
- White v. SmithSupreme Court of Arkansas · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Davis v. SchimmelSupreme Court of Arkansas · 1972
- Powers v. BryantSupreme Court of Arkansas · 1992
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Oliver v. RouthSupreme Court of Arkansas · 1916
- Bass v. WilleySupreme Court of Arkansas · 1950
15 more not listed; retrieve them via the Exa API.