Leaming v. McMillan
Supreme Court of Arkansas
Appeal from Desha Circuit Court, Arkansas City District. F. M. Rogers, Special Judge. STATEMENT BY THE COURT. This an appeal from a judgment denying an application to set aside a judgment of dismissal of the action of Thos. Darling, now deceased, in which an attachment had been issued and levied upon machinery and fixtures of a mill, the property of McMillan and Dreyfus.
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Appeal from Desha Circuit Court, Arkansas City District. F. M. Rogers, Special Judge. STATEMENT BY THE COURT. This an appeal from a judgment denying an application to set aside a judgment of dismissal of the action of Thos. Darling, now deceased, in which an attachment had been issued and levied upon machinery and fixtures of a mill, the property of McMillan and Dreyfus. After the levy of this attachment, Waterman obtained attachments before a justice of the peace, and had them levied on the same property. At the term.of the circuit court to which Darling’s attachment was returned, and before…
1Opinion of the CourtHughes, J.
(after stating the facts.) It appears, from the statement of the case, that the failure of the plaintiff, Darling, to appear at the term of the court when the . judgment of dismissal was rendered was caused by an unavoidable casualty, and that the nonattendance of himself and counsel was excusable under the circumstances.
In Tidwell v. Witherspoon, 18 Fla. 282, it was held that “the neglect of an attorney to prepare and file a plea, caused by his being summoned to a distant place on account of the serious illness of his wife, even though he might have made arrangements with another attorney to…
2Cases cited5 opinions
- Nye v. SwanSupreme Court of Minnesota · 1889
- Tidwell v. WitherspoonSupreme Court of Florida · 1881
- McArthur v. SlausonWisconsin Supreme Court · 1884
- Triplett v. ScottCourt of Appeals of Kentucky · 1868
- Snell v. Iowa Homestead Co.Supreme Court of Iowa · 1885
3Cited by11 opinions
- Dellwo v. PetersenIdaho Supreme Court · 1921
- Poff v. LockridgeSupreme Court of Oklahoma · 1908
- Thweatt v. Grand Temple & Tabernacle of the International Order of the Twelve Knights & Daughters of TaborSupreme Court of Arkansas · 1917
- Johnson v. JettSupreme Court of Arkansas · 1942
- Citizens Bank v. BarrSupreme Court of Arkansas · 1916
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