Lyons v. Green
Supreme Court of Arkansas
Certiorari to Hempstead Circuit Court in Chancery. Rueüs D. Hearn, Judge. The case was regularly and unconditionally dismissed by plaintiffs, through their attorney, before the clerk in vacation; and petitioner was no longer a party after that. Sand. & H. Dig., § 5792. If the record of dismissal was a misprision of the clerk, it should have been corrected before the judgment by default was rendered. Sand. & H. Dig., § 4198. Judgments rendered without notice are void. Mansf.
Read the full summary
Certiorari to Hempstead Circuit Court in Chancery. Rueüs D. Hearn, Judge. The case was regularly and unconditionally dismissed by plaintiffs, through their attorney, before the clerk in vacation; and petitioner was no longer a party after that. Sand. & H. Dig., § 5792. If the record of dismissal was a misprision of the clerk, it should have been corrected before the judgment by default was rendered. Sand. & H. Dig., § 4198. Judgments rendered without notice are void. Mansf. Dig. § 5201. The proper remedy when such judgments are rendered is by certiorari with temporary restraining order. 48…
1Opinion of the CourtWood, J.
This is a petition to quash, on certiorari, a decree of the Hempstead chancery court in the case of David and Harriett Green against D. M. Goodlet, administrator of the estate of H. K. Lyons, deceased, et al. The petitioner, after alleging that he was one of the defendants in that case, sets forth, as grounds for setting aside the decree, that on the 28th day of August, 1897, W. S. Eakin, as attorney for Green and wife, the plaintiffs in the suit, did on August 28, 1897, dismiss the suit befoi’e the clerk of the Hempstead court, in vacation, as to W. T. Lyons, petitioner, and that afterwards,…
2Cases cited1 opinion
- Keys v. Board of SupervisorsCalifornia Supreme Court · 1871
3Cited by7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. IngramSupreme Court of Arkansas · 1915
- Jackson v. Becktold Printing & Book Manufacturing Co.Supreme Court of Arkansas · 1908
- Norton v. Hutchins, ChancellorSupreme Court of Arkansas · 1938
- Griffin v. BoswellSupreme Court of Arkansas · 1916
- J. R. Watkins Medical Co. v. HorneSupreme Court of Arkansas · 1918
2 more not listed; retrieve them via the Exa API.