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6 Ark. 151

Hubbard v. Welch

Supreme Court of Arkansas

Decided January 15, 1850

Supreme Court of Arkansas · decided 1850-01-15

Motion to re-dockei Cause. At the present term of this court, Pike & Cummins filed the following motion in this case : The said appellant comes and showeth to the court here that, at the January term of this Honorable court in the year 1847, the above entitled case was ordered to be dismissed, because by consent of the appellee in due form given and made of recordin the court below, the appeal was prayed and granted without affidavit ; wherefor this Honorable court thought…

Decided 1850-01-15

Mr. Justice Walker,

¶1delivered the opinion of the court.

¶2The motion of the appellant must be denied. The question presented by it for our consideration comes directly within the rule, laid down in the case of Porter et al. vs. Doe on dem. Hanly et al., decided by this court at the July term, 1849, that the decision of the appellate court is conclusive upon the parties, so far as that case is concerned, after the term expires at which it Avas rendered and is hot subject to revision. The motion is denied.

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