Hallum v. Dickinson
Supreme Court of Arkansas
APPEAL from Lonoke Circuit Court. Hon. F. T.. Vaughan, Circuit Judge. 1. No sufficient transcript of the Tennessee judgment was filed ; the pretended transcript of the judgment was fatally defective. 2. The suit is barred by the statute of limitations of ten * years.
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APPEAL from Lonoke Circuit Court. Hon. F. T.. Vaughan, Circuit Judge. 1. No sufficient transcript of the Tennessee judgment was filed ; the pretended transcript of the judgment was fatally defective. 2. The suit is barred by the statute of limitations of ten * years. The complaint was filed in time but it does not appear that a summons was issued until after the ten years had expired; nor was a copy of the judgment filed until after ten years. 3. The nonsuit in Colorado was a bar to any subsequent action. 4. The court erred in rendering judgment for more than the verdict of the jury. The…
1Opinion of the CourtSmith, J.
This is an action by Dickinson upon a judgment which, it was alleged, he had recovered against Hallum, on the 6th of April, 1872, by the consideration of the Supreme Court of Tennessee. The defenses were: 1. Nul tiel record. 2.
The statute of limitations of ten years. 3. Res judicata; the plaintiff having impleaded the defendant in May, 1875, in a court of general jurisdiction in the Territory of Colorado, where he was met by pleas of nul tiel record, and the territorial statute limiting actions upon foreign judgments to three years after rendition of the same; which said pleas were adjudged…
2Cases cited2 opinions
- Hargis v. MorseSupreme Court of Kansas · 1871
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- Sims v. MillerSupreme Court of Arkansas · 1922
- Fiore v. LaddOregon Supreme Court · 1896
- United Mine Workers of America v. Coronado Coal Co.Court of Appeals for the Eighth Circuit · 1919
- Benedict v. Arbor Acres Farm, Inc.Supreme Court of Arkansas · 1979
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