{
  "id": 1382213,
  "name": "Harnwell v. Miller",
  "name_abbreviation": "Harnwell v. Miller",
  "decision_date": "1924-03-17",
  "docket_number": "",
  "first_page": "15",
  "last_page": "17",
  "citations": [
    {
      "type": "official",
      "cite": "164 Ark. 15"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2607,
    "ocr_confidence": 0.476,
    "pagerank": {
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      "percentile": 0.7992166724778162
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    "sha256": "2394e387ea11c1a404253dca327b2fa4606648e5096f04e352ad356e2a41abc5",
    "simhash": "1:a19560e0366c73cc",
    "word_count": 436
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  "last_updated": "2023-07-14T21:06:17.410158+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Harnwell v. Miller."
    ],
    "opinions": [
      {
        "text": "Humphreys, J.\nThis suit was instituted by appellant against appellees on the 23rd day of October, 1922, in the chancery court of Lonoke County, to set aside a sale of a 320-acre rice farm, made pursuant to a decree of foreclosure in a suit wherein the New England Securities Company was petitioner and' 'appellant and others were respondents.\nThe sufficiency of the allegations of the bill was not questioned, so it is unnecessary to set out the substance thereof. Suffice it to say that the appellee filed separate answers denying seriatim the allegations thereof. The several answers were filed on November 20,1922, the first day of the regular November term of court after the institution of the suit. On the day the answers were filed, and in the absence of appellant, the cause was heard upon the pleadings and testimony introduced by appellees, which resulted in the dismissal of the bill, from which is this appeal.\nAppellant contends for a reversal of the decree on the ground that appellees were not entitled thereto under \u00a7 1288 of Crawford & Moses\u2019 Digest. The section referred to is as follows: \u201cActions prosecuted by equitable proceedings shall stand for trial on any day that the court meets in regular.or adjourned session where the pleadings are, or, by the provisions of \u00a7\u00a7 1208 and 1209, shall have been completed for ninety days, but where they have not been so completed, though by the provisions of this act they should have been, the party in default, as to time, shall not be entitled to demand a trial.\u201d\nIn the instant case the pleading\u2019s were not completed until November 20, 1922, on the day the case was tried. Under the .statute the case did not stand for trial until ninety days after the issues were joined. The purpose in allowing this time was to enable the parties to prepare for trial. The trial and decree were-preniature, and without authority of law.\nThe decree is therefore reversed, and the cause is remanded for proceedings not inconsistent with this opinion.",
        "type": "majority",
        "author": "Humphreys, J."
      }
    ],
    "attorneys": [
      "C. P. Harnwell, for appellant.",
      "Gray \u00e9 Morris and Chas. A. Walls, for appellees."
    ],
    "corrections": "",
    "head_matter": "Harnwell v. Miller.\nOpinion delivered March 17, 1924.\nDismissal and nonsuit \u2014 trial day. \u2014 Where plaintiff filed a complaint in equity on October 23, 1922, and defendants filed answers on November 20, 1922, on which day the cause was heard in plaintiff\u2019s absence, and the cause was dismissed, such dismissal was \u2022 erroneous, under Crawford & Moses\u2019 Digest, \u00a7 1288, providing that trial shall be-had after the pleadings have been completed for 90 days.\nAppeal from Lonoke Chancery Court; John E. Martmeau, Chancellor;\nreversed.\nC. P. Harnwell, for appellant.\nGray \u00e9 Morris and Chas. A. Walls, for appellees."
  },
  "file_name": "0015-01",
  "first_page_order": 37,
  "last_page_order": 39
}