Hall v. Huff
Supreme Court of Arkansas
Appeal from Garland Chancery Court; Calvin T. Gotham, Special Chancellor; STATEMENT BY THE COURT. On the 15th. day of March, 1915, W. H. Hall filed a petition in the chancery court of Garland County to quash an execution issued in the case of O. Floyd Huff against J. H. Hall for the sum of $1,100. His petition alleges that on the 11th day of February, 1915, the said execution was delivered to the sheriff who threatened to levy the same upon the property of the plaintiff.
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Appeal from Garland Chancery Court; Calvin T. Gotham, Special Chancellor; STATEMENT BY THE COURT. On the 15th. day of March, 1915, W. H. Hall filed a petition in the chancery court of Garland County to quash an execution issued in the case of O. Floyd Huff against J. H. Hall for the sum of $1,100. His petition alleges that on the 11th day of February, 1915, the said execution was delivered to the sheriff who threatened to levy the same upon the property of the plaintiff. A copy of the execution is attached to the petition. The plaintiff Ha'll further states that the judgment upon which the…
1Opinion of the Court
Hart, J.,
(after stating the facts).. Though it is not :so denominated, the present proceeding was evidently instituted under section 4431 of Kirby’s Digest to vacate a decree rendered at a former term of the chancery court on the ground that it was entered without notice to him. See Holman v. Lowrance, 102 Ark. 252; Foohs v. Bilby, 95 Ark. 302.
(1-2) A motion under the statute to vacate or set aside ¡a judgment rendered at a former term is obviously a direct attack on the judgment. The effect on the present proceeding is to attack the judgment against W. H. Hafl in favor of C. Floyd Huff…
2Cases cited3 opinions
- Foohs v. BilbySupreme Court of Arkansas · 1910
- Holman v. LowranceSupreme Court of Arkansas · 1912
- Hall v. HuffSupreme Court of Arkansas · 1914
3Cited by4 opinions
- Davis v. SchimmelSupreme Court of Arkansas · 1972
- Mitchell v. Village Creek Drainage Dist. of Lawrence CountyCourt of Appeals for the Eighth Circuit · 1946
- Brookfield v. Harahan Viaduct Improvement DistrictSupreme Court of Arkansas · 1932
- Morgan v. LeonSupreme Court of Arkansas · 1929