Aven v. Wilson
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court. Grant Green, Jr., Judge. 1. The county court had jurisdiction to grant the new trial. This power is granted by the code. Sand. & H. Dig. sec. 5600. See also lb. sec. 5839. Courts have control of their judgments during the term. 27 Ark. 295. The cases of 44 N. W. 892 and 24 Cal. 452, are based on the question of notice, and the peculiar statute of California.
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Appeal from St. Francis Circuit Court. Grant Green, Jr., Judge. 1. The county court had jurisdiction to grant the new trial. This power is granted by the code. Sand. & H. Dig. sec. 5600. See also lb. sec. 5839. Courts have control of their judgments during the term. 27 Ark. 295. The cases of 44 N. W. 892 and 24 Cal. 452, are based on the question of notice, and the peculiar statute of California. In the latter case also the term had expired. 2. If the county court had the power to grant the new trial, then the cause stood in court for trial, and there was no final judgment reviewable either…
1Opinion of the CourtBaTTlE, J.
This is a proceeding by certiorari to set aside an order of the St. Francis county court granting a new trial in a proceeding instituted by John B. Wilson to contest the election of John W. Aven to the office of treasurer of the county of St. Francis.
The proceeding to contest the election was commenced in the St. Francis county court some time in the month of September, 1892 ; and at the October term of the court, on the 25th of October, 1892, Wilson was adjudged to be elected county treasurer, and the certificate issued by the commissioners to Aven, showing that he was elected such…
2Cited by4 opinions
- Browning v. WaldripSupreme Court of Arkansas · 1925
- Lonoke County v. CarlLeeSupreme Court of Arkansas · 1911
- School District No. 14 v. School District No. 4Supreme Court of Arkansas · 1897
- Jewett v. McConnellSupreme Court of Arkansas · 1914