{
  "id": 1629945,
  "name": "MISSOURI PACIFIC RAILROAD COMPANY v. George ORSBURN",
  "name_abbreviation": "Missouri Pacific Railroad v. Orsburn",
  "decision_date": "1972-06-19",
  "docket_number": "5-5940",
  "first_page": "872",
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      "reporter": "Ark.",
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  "last_updated": "2023-07-14T15:11:02.058798+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Brown, }., not participating."
    ],
    "parties": [
      "MISSOURI PACIFIC RAILROAD COMPANY v. George ORSBURN"
    ],
    "opinions": [
      {
        "text": "George Rose Smith, Justice.\nThe principal question upon this appeal relates to the circuit court\u2019s power to set aside its own judgment in a nonjury case, during the same term of court at which the judgment was entered.\nThe appellee Orsburn recovered a $255 judgment for the value of a cow killed by one of the appellant\u2019s trains, plus a $25 penalty under Ark. Stat. Ann. \u00a7 73-624 (Repl. 1957). The railroad company filed a notice of appeal. The plaintiff then filed a motion for a new trial, although no reason for a new trial was stated. Within the term of court the trial judge entered an order (a) treating the notice of appeal as a motion for a new trial, (b) setting aside the judgment, and (c) granting the prayer \u201cof both parties\u201d for a new trial. The railroad company filed a second notice of appeal and now contends that both the original judgment and the order setting it aside should be reversed.\nWe have frequently said that a court has inherent power to set aside its judgments during the same term, without stating any reason for its action. Many such cases were dted in Security Bank of Branson, Mo. v. Speer, 203 Ark. 562, 157 S.W. 2d 775 (1942). The appellant, however, argues that in the first place we have decisions denying the trial court\u2019s unlimited power over its judgments during the term and that in the second place the former rule is outmoded and should be abandoned.\nIn making its first argument the appellant overlooks the fact that the cases which it cites were exceptions rather than contradictions to the basic rule. Citizens Bank of La vaca v. Barr, 123 Ark. 443, 185 S.W. 773 (1916), involved a default judgment. We followed the statute in holding that a meritorious defense must be shown before such a judgment can be set aside. Three of the cases cited had to do with the confirmation of judicial sales, with respect to which abuses of discretion have never been condoned. Security Bank of Branson, Mo. v. Speer, supra: Summars v. Wilson, 205 Ark. 923, 171 S.W. 2d 944 (1943); Robbins v. Guy, 244 Ark. 590, 426 S.W. 2d 393 (1968). The remaining case, Big Rock Stone & Material Co. v. Hoffman, 233 Ark. 342, 344 S.W. 2d 585 (1961), involved a judgment based upon a jury verdict. We construed the controlling statutes to mean that the trial court\u2019s broad power over its judgments during the term is not applicable to judgments entered upon jury verdicts. That holding was reaffirmed in Henderson v. Skerczak, 247 Ark. 446, 446 S.W. 2d 243 (1969). In the case at bar the trial was before the circuit judge sitting without a jury.\nWe do not agree with the appellant\u2019s insistence that the traditional common-law rule, upholding a court\u2019s control over its judgments during the term, is so nearly obsolete that it should be abandoned. Long long ago we observed that the power in question is based upon substantial principles of right and wrong and is to be exercised for the prevention of error and in furtherance of justice. Ashley v. Hyde, 6 Ark. 92, 42 Am. Dec. 683 (1845).\nWe adhere to that view. As a practical matter it often happens that a circuit judge or chancellor enters a judgment, order, or decree that contains some imperfection or leaves out some provision that should have been included. It is manifestly desirable that such errors be readily subject to prompt correction, without cumbersome procedures such as a showing of unavoidable casualty or an appeal to a higher court. The rule now in question supplies a simple but satisfactory solution to the problem. We recognize the inconvenience that may arise in rare instances when, as in the case at hand, the trial court utilizes the rule as a means of granting a completely new trial. Far more frequently the additional hearing is only a partial new trial, involving some particular issue that needs to be more fully developed. On balance the advantages of the rule decidedly outweigh its disadvantages; so it should be retained.\nInasmuch as a new trial is to be held, the errors which assertedly occured at the original hearing are not before us for review.\nAffirmed.\nBrown, }., not participating.",
        "type": "majority",
        "author": "George Rose Smith, Justice."
      }
    ],
    "attorneys": [
      "W./. Smith and J.D. Watson, for appellant.",
      "Mathis and Sanders, for appellee."
    ],
    "corrections": "",
    "head_matter": "MISSOURI PACIFIC RAILROAD COMPANY v. George ORSBURN\n5-5940\n481 S.W. 2d 356\nOpinion delivered June 19, 1972\nW./. Smith and J.D. Watson, for appellant.\nMathis and Sanders, for appellee."
  },
  "file_name": "0872-01",
  "first_page_order": 896,
  "last_page_order": 899
}