Dodd v. Bonds
Decision Date | 13 October 1952 |
Docket Number | No. 4-9853,4-9853 |
Citation | 220 Ark. 951,251 S.W.2d 587 |
Parties | DOOD v. BONDS et al. |
Court | Arkansas Supreme Court |
Ben B. Williamson, Mountain View, for appellant.
Chas. F. Cole, Batesville, for appellees.
By this appeal the appellant, John K. Dodd, seeks to question the action of the chancery court in vacating a default decree during the term in which it was rendered. A collateral issue is whether appellee, Harvey Bonds, is a missing person within the meaning of Act 71 of 1943, Ark.Stats. §§ 58-201 to 203. We do not determine these issues for the reason that the appeal was prematurely taken and must be dismissed.
In his suit to quiet title, appellant obtained a default decree against appellee, Harvey Bonds, before a special chancellor on September 27, 1951, after the regular chancellor had previously sustained appellant's motion to strike appellee's answer and cross-complaint. On October 18, 1951 and during the term in which the default decree was rendered, Andrew Bonds, father of Harvey Bonds, having been appointed trustee of his son's estate pursuant to Act 71, supra, filed a motion to set aside the default decree. This appeal is from the order of the regular chancellor sustaining the motion to vacate and setting the cause for trial upon its merits.
The order setting aside the default decree rendered during the same term is not final or appealable. Judge Humphreys clearly stated the applicable rule in Hawkeye Tire & Rubber Co. v. McFarlin, 146 Ark. 491, 225 S.W. 632, 633, as follows:
The rule was reaffirmed in Democrat Printing & Lithographing Co....
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Parsons v. McCoy
...in the first instance they cannot be considered as orders granting a 'new' trial or 'rehearing'. Annot., 8 A.L.R.3d 1272; Dodd v. Bonds, 220 Ark. 951, 251 S.W.2d 587; Bergen v. Schrodi, 44 Wis.2d 19, 170 N.W.2d 698; Hall v. American National Plastics, Inc., 73 Wash.2d 203, 437 P.2d 693. How......
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Lamb v. JFM, Inc.
...would necessarily require a retrial of some part of the issues. Henry v. Powell, 262 Ark. 763, 561 S.W.2d 296 (1978); Dodd v. Bonds, 220 Ark. 951, 251 S.W.2d 587 (1952). Since the order vacating the judgment in this case was entered within ninety days of the entry of the judgment and since ......
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Henry v. Powell
...decree. Hawkeye Tire & Rubber Co. v. McFarlin, 146 Ark. 491, 225 S.W. 632 (1920). An especially pertinent precedent is Dodd v. Bonds, 220 Ark. 951, 251 S.W.2d 587 (1952), where, as here, a special chancellor's order was set aside by the regular chancellor. We dismissed the appeal for want o......
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Poplin v. Wilson, 75--116
...not a final order. It is a well settled rule of this court that an order which is not a final order is not appealable. Dodd v. Bonds, 220 Ark. 951, 251 S.W.2d 587 (1952). Accordingly the appeal is ...