Trumbull v. Harris
Supreme Court of Arkansas
Appeal from Montgomery Circuit Court; Calvin T. Gotham, Judge; 1. The judgment should have been vacated for unavoidable casualty and misfortune. Kirby’s Digest, § 4431, subdiv. 417; 23 Cyc. 943, 2 Oh.
Read the full summary
Appeal from Montgomery Circuit Court; Calvin T. Gotham, Judge; 1. The judgment should have been vacated for unavoidable casualty and misfortune. Kirby’s Digest, § 4431, subdiv. 417; 23 Cyc. 943, 2 Oh. Dec. 64-5; 97 Ark. 117; 85 Id. 385; 59 Id. 162. Tihe way the judgment was obtained has every ear-mark of legal fraud. 102 Ark. 669. 2. The question is not res adjudicata. 52 Ark. 316. The proceeding is an independent action under section 4433 Kirby’s Dig., .subdiv. 4-7, 4434; 89 Ark. 163; 3 Oh. St. 445. An appeal to the Supreme Court and affirmance of the judgment does not preclude a proceeding…
1Opinion of the CourtHart, J.
This is a proceeding by M. C. Trumbull under the seventh subdivision of section 4431 of Kirby’s Digest to set aside, after the expiration of the term, a judgment by default which had been rendered against him in favor of William Harris. The facts are as follows:
In 1907 M. C. Trumbull and A. Danville were partners under the style of Trumbull-Danville Lumber Company and they entered into a contract with William Harris to cut a tract of timber which they owned. Harris sued them for a breach of the contract. The Bear State Lumber Company, a corporation, bad absorbed the assets of the…
2Cases cited4 opinions
- Corney v. CorneySupreme Court of Arkansas · 1910
- Hanna v. MorrowSupreme Court of Arkansas · 1884
- Izard County v. HuddlestonSupreme Court of Arkansas · 1882
- Weller v. Studebaker Bros. Manufacturing Co.Supreme Court of Arkansas · 1910
3Cited by21 opinions
- Parker v. SimsSupreme Court of Arkansas · 1932
- Meisch v. BradyCourt of Appeals of Arkansas · 1980
- Shaw v. PolkSupreme Court of Arkansas · 1922
- Jones v. the Nat'l Bank of Commerce of El DoradoSupreme Court of Arkansas · 1944
- Merchants' & Planters' Bank & Trust Co. v. UsserySupreme Court of Arkansas · 1931
16 more not listed; retrieve them via the Exa API.