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Arkansas Reports (Volume 135); Cases Determined in the Supreme Court of the State of Arkansas, at the

Arkansas Reports (Volume 135); Cases Determined in the Supreme Court of the State of Arkansas, at the


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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1918. Not illustrated. Excerpt: ... The power to vacate or modify judgments after the expiration of the term at which judgments are rendered is conferred upon courts in this State by sections 4431-3, Kirby's Digest, for reasons set out in the several subdivisions contained in said section 4431. The seventh subdivision of said section authorizes the court in which a judgment has been rendered to vacate it "for unavoidable casualty or misfortune preventing the party from appearing or defending.' It is insisted by appellant that appellee did not show an unavoidable casualty or misfortune which would prevent him from defending the cause. Had an answer been present in court at the time of the rendition of the decree, no default judgment could have been rendered. The absence of an answer enabled appellant to procure the default judgment. The loss or misplacement thereof prevented appellee from defending the suit upon the issues joined. The court is of opinion that the loss thereof was a casualty or misfortune within the intent of the statute aforesaid. But it is said by appellant that appellee utterly failed to prove that he filed an answer. We think appellant is mistaken in this assertion as the attorney for appellee testified that he dictated the answer to his stenographer and after same was prepared he at once carried it to the courthouse and filed it in the clerk's office. It is said that filing an instrument in the clerk's office does not necessarily mean that it was given to the clerk or one of his deputies in the office for the purpose of filing same. We think the only natural conclusion from the language used by the witness is to say that his testimony was to the effect that he placed it in the hands of the clerk or one of his deputies to file it. It is true that the clerk and all of his deputie...


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Product Details
  • ISBN-13: 9781235317569
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 206
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1235317560
  • Publisher Date: 14 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 376 gr


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