Moore v. Cairo & Fulton Railroad
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. J. W, Martin, Circuit Judge. Motion to set aside entry of satisfaction of the judgment, proper practice. Gdntt’s Digest, sec. 3634; 2 Na,sh PI. and Pr., Ill; Herm. on Ex., 466, sec. 284; 14 Ohio St., 464; 8 Mo.,-370. Attorney has no power to compromise a judgment. 12 Ark., 555-7 ; Freem. on Judg., sec. 463, and eases cited. Authority must be shown. Ib., 463; 27 Texas, 574; 2 How.
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APPEAL from Pulaski Circuit Court. Hon. J. W, Martin, Circuit Judge. Motion to set aside entry of satisfaction of the judgment, proper practice. Gdntt’s Digest, sec. 3634; 2 Na,sh PI. and Pr., Ill; Herm. on Ex., 466, sec. 284; 14 Ohio St., 464; 8 Mo.,-370. Attorney has no power to compromise a judgment. 12 Ark., 555-7 ; Freem. on Judg., sec. 463, and eases cited. Authority must be shown. Ib., 463; 27 Texas, 574; 2 How. Pr., 244. Ratification must be with full knowledge of the facts. 2 Green, on Ev., sec. 66 ; 3 Pet., 81; 9'ib., 607, 629; 8 Gill ¿f Johns., 248, 323; 7 Hill (N. Y.), 128; 6…
1Opinion of the CourtEakin, J.
Appellant had recovered, in the Pulaski circuit court, a judgment against appellee for $10,500, April 11,1874. .
In June, 1877, he applied, by motion to the court, to have vacated ah entry on the margin of the record, as follows:
“This judgment satisfied in full, except costs, July 18, 1877. John Wood, Plaintiff’s Attorney.”:He states, in his motion, that the judgment has not been paid, but is still validj; tihat his attorney had no authority to compromise the suit, Or make said entry; that he, himself, knew nothing of it, or of the circumstances under which it was made, until some time…
2Cited by1 opinion
- Dyer & Co. v. Delight Lumber Co.Supreme Court of Arkansas · 1919