Weller v. Studebaker Bros. Manufacturing Co.
Supreme Court of Arkansas
Appeal from Baxter Circuit Court; John W. Meeks, Judge; STATEMENT BY THE COURT. The appellant, being the owner of a lot of timber at Iuka, Baxter County, wrote the appellee in June, 1907, proposing to manufacture and sell said timber, and on July 3, 1907, appellee wrote Mr. Weller that it would buy his timber at certain prices quoted, and giving him directions how to cut and ship it, etc.
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Appeal from Baxter Circuit Court; John W. Meeks, Judge; STATEMENT BY THE COURT. The appellant, being the owner of a lot of timber at Iuka, Baxter County, wrote the appellee in June, 1907, proposing to manufacture and sell said timber, and on July 3, 1907, appellee wrote Mr. Weller that it would buy his timber at certain prices quoted, and giving him directions how to cut and ship it, etc. Weller failed to get a mill to cut his timber at that time, and nothing more was done till October 7, 1907, when Weller wrote the company that he would be ready to cut in a "month or six weeks, as it' would…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. This is a proceeding under section 4433, Kirby’s Digest, and seeks to vacate a judgment under the authority of section 4431, Kirby’s Dig., as follows:
“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 obtaining of the judgment or order.”
The evidence does not warrant a finding that fraud was practiced by appellant in obtaining the judgment which was vacated in this proceeding.…
2Cases cited1 opinion
- Izard County v. HuddlestonSupreme Court of Arkansas · 1882
3Cited by8 opinions
- Trumbull v. HarrisSupreme Court of Arkansas · 1914
- Hardin v. HardinSupreme Court of Arkansas · 1963
- Liebendorfer v. GayleLouisiana Court of Appeal · 1969
- Karnes v. GentrySupreme Court of Arkansas · 1943
- Bickerstaff v. Harmonia Fire Insurance CompanySupreme Court of Arkansas · 1939
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