Cooper v. Vaughan
Supreme Court of Arkansas
Appeal from Prairie Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. At the September term, 1911, of the Prairie Circuit Court, appellant recovered a judgment against the appellee in the sum of $1,000. An appeal was taken and the judgment below affirmed by this court.
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Appeal from Prairie Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. At the September term, 1911, of the Prairie Circuit Court, appellant recovered a judgment against the appellee in the sum of $1,000. An appeal was taken and the judgment below affirmed by this court. At the September term; 1912, of the, Prairie, Circuit Court the appellee filed his petition asking that the judgment be set aside and a new trial granted him upon the ground of evidence discovered after the term at which the former judgment was rendered and after the decision of the Supreme Court affirming that…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. This suit was brought under section 6220 of Kirby’s Digest, which provides that, “Where grounds for new trial are discovered after the term at which, the verdict or decision was rendered, the application may be made by petition filed with the clerk not later-than the second term after the discovery, on which a summons shall issue, as on other complaints, requiring the adverse party to appear and ánswer it on or before the first day of the next term.”
The court had jurisdiction after the expiration of the term at which the judgment was rendered to vacate…
2Cases cited9 opinions
- Ward v. StateSupreme Court of Arkansas · 1908
- Ayers v. Anderson-Tully Co.Supreme Court of Arkansas · 1909
- Osborne v. StateSupreme Court of Arkansas · 1910
- Russell v. StateSupreme Court of Arkansas · 1910
- Scofield Rolling Mill Co. v. StateSupreme Court of Georgia · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Garrett v. Allstate Insurance Co.Court of Appeals of Arkansas · 1988