Hunton v. Euper
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District.- Edgar E. Bryant, Judge. - STATEMENT BY THE COURT. Appellants recovered a judgment against the appel-lee by default. After the lapse of the term at which the judgment was rendered, the appellee filed his complaint at law, under section 4197, Sandels & Hill’s Digest, to set aside said judgment upon the ground that the same was rendered without any summons or notice having been served upon the appellee.
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Appeal from Sebastian Circuit Court, Fort Smith District.- Edgar E. Bryant, Judge. - STATEMENT BY THE COURT. Appellants recovered a judgment against the appel-lee by default. After the lapse of the term at which the judgment was rendered, the appellee filed his complaint at law, under section 4197, Sandels & Hill’s Digest, to set aside said judgment upon the ground that the same was rendered without any summons or notice having been served upon the appellee. The complaint prayed for a temporary restraining order to prevent the execution of the judgment till the hearing, which was granted.…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) The fact that the complaint was put on the chancery instead of upon the law docket can make no difference. The court had jurisdiction of the action at law.
This action was brought under section 4197, San-dels & Hill’s Digest, which provides that : “The court in which a judgment or final order has been rendered or made shall have power, after the expiration of the term, to vacate or modify such judgment or order. * * * Fourth. For fraud practiced by the successful party in the judgment or order. * * * Seventh. For unavoidable casualty or- misfortune…
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