Columbia County v. England
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; G W. Smith. Judge; Appellee was not prevented from appearing or defending on account of unavoidable casualty, within the meaning of C. & M. Digest, sec. 6290. He took no interest in the ease, and under the rule announced in 108 Ark. 47, and 128 Ark. 269, the judgment against Mm should not have been set aside.
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Appeal from Columbia Circuit Court; G W. Smith. Judge; Appellee was not prevented from appearing or defending on account of unavoidable casualty, within the meaning of C. & M. Digest, sec. 6290. He took no interest in the ease, and under the rule announced in 108 Ark. 47, and 128 Ark. 269, the judgment against Mm should not have been set aside. Appellee failed to show that he had a valid defense or cause of action, which he must do under sec. 6293, C. & M. Digest, to entitle him to have the judgment set aside. 104 Ark. 449; 112 Ark. 159; 123 Ark. 447. The act creating the reformatory made it…
1Opinion of the CourtHumphreys, J.
Two questions are presented by this appeal for determination. The first is, whether appellee was prevented by unavoidable casualty from appearing and defending the suit against him in the Columbia Circuit Court. The second is, whether he had a meritorious defense to the cause of action.
This is an appeal from a judgment setting aside and vacating a judgment rendered against appellee in favor of the county of Columbia for $1,500, rendered at the August, 1920, term of the Columbia Circuit Court. The judgment vacated was rendered in a proceeding commenced in the county court of Columbia County…
2Cases cited2 opinions
- First National Bank v. NorrisSupreme Court of Arkansas · 1914
- Sanders v. SimmonsSupreme Court of Arkansas · 1875
3Cited by1 opinion
- Christopher v. ChristopherSupreme Court of Arkansas · 1948