Lawyer v. Carpenter
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; Appellant was not barred. This court as late as April, X903, recognized the validity of § 6259, Kirby’s Digest. 71 Ark. 318. It is not repealed by the enactment in March, 1891, of § 6520, lb.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; Appellant was not barred. This court as late as April, X903, recognized the validity of § 6259, Kirby’s Digest. 71 Ark. 318. It is not repealed by the enactment in March, 1891, of § 6520, lb. Repeals by implication are not favored. 24 Ark. 479; 41 Ark. 151; 45 Ark. 92. As between a general and a special statute on the same subject, the former controls in all cases except those falling within the purview of the special act; and since § 6259, Kirby’s Digest, is general in its application, and § 6520 is a special law, there is no…
1Opinion of the CourtHill, C. J.
On 9th of June, 1900, Carpenter brought suit in Arkansas County Chancery Court against Lawyer, in which he alleged that he was the owner of a tract of land therein described, and that Lawyer was claiming title to it, but had no title thereto, and that his claim was a cloud on plaintiff’s title, and prayed for its cancellation.
Constructive service was had upon Lawyer as a nonresident, and the suit progressed to judgment in Carpenter’s favor on the 9th of August, 1900, cancelling Lawyer’s title. Within less than two years, but over one year, Lawyer filed a motion to set aside the judgment and…
2Cases cited9 opinions
- Chamberlain v. StateSupreme Court of Arkansas · 1887
- Dowell v. TuckerSupreme Court of Arkansas · 1885
- Wood v. StateSupreme Court of Arkansas · 1886
- Inman v. StateSupreme Court of Arkansas · 1898
- Wilson v. MassieSupreme Court of Arkansas · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Babb v. El DoradoSupreme Court of Arkansas · 1926
- In Re JamesSupreme Court of Vermont · 1926
- State v. WhiteSupreme Court of Arkansas · 1926
- Ex Parte OldenCourt of Criminal Appeals of Oklahoma · 1948
- Western Union Telegraph Co. v. StateSupreme Court of Arkansas · 1907
17 more not listed; retrieve them via the Exa API.