Thweatt v. Grand Temple & Tabernacle of the International Order of the Twelve Knights & Daughters of Tabor
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Northern District; Thos. C. Trimble, Judge; . 1. The court erred in setting aside the judgment by default, after the lapse of the term. 33 Ark. 459; 53 Id. 318; Kirby’s Digest, § 4431. No unavoidable casualty or misfortune was shown.
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Appeal from Prairie Circuit Court, Northern District; Thos. C. Trimble, Judge; . 1. The court erred in setting aside the judgment by default, after the lapse of the term. 33 Ark. 459; 53 Id. 318; Kirby’s Digest, § 4431. No unavoidable casualty or misfortune was shown. A party is bound by the negligence of his attorney and mere negligence of an attorney is not sufficient to justify the setting aside a judgment. 104 Ark. 45; 66 Id. 183; 97 Id. 117. The action of the court in vacating the judgment and reinstating the cause to be tried upon its merits is supported by all the authorities in like…
1Opinion of the CourtWood, J.
The appellee brought suit against the appellants, and alleged in its complaint that on September 9, 1915, appellants obtained a judgment by default against the appellee for $250.00; that when summons was served on the appellee it notified its regular attorney, Scipio A. Jones, and instructed him to defend the suit, which it believed he was doing when the case was called for trial, and that it did not know of the rendition of the judgment by default until after the expiration of the term at which the same was rendered; that it had been informed and verily believed that its attorney was sick…
2Cases cited2 opinions
- Leaming v. McMillanSupreme Court of Arkansas · 1894
- Capital Fire Insurance v. DavisSupreme Court of Arkansas · 1908
3Cited by9 opinions
- Berringer v. StevensSupreme Court of Arkansas · 1920
- Johnson v. JettSupreme Court of Arkansas · 1942
- Wilder v. HarrisSupreme Court of Arkansas · 1943
- Pinkert v. ReaganSupreme Court of Arkansas · 1952
- K. & S. Sales Co. v. LeeSupreme Court of Arkansas · 1924
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