114 S.W.2d 1 | Ark. | 1938
Other phases of this case have been before this court in two other cases, Pope v. Shannon Brothers,
For a reversal, appellants make three contentions: first, that the decree shows on its face that it was rendered without notice; second, that it is void because of the uncertainty of the description of the lands involved; and, third, that the court was without authority to hear the cause at the March term.
As to the first contention, we think it is without merit because counsel for appellants was served with a notice that the mandate had been filed and that the court had set the cause for hearing on June 10, 1937, at a time more than sixty days after service of the notice, and there was no necessity for a new summons or a warning order for *772
nonresident defendants as they were already in court. It has frequently been held that a remand of the cause by this court and the filing of the mandate with the clerk of the lower court within the time prescribed by the statute, gave the lower court jurisdiction. Hollingsworth v. McAndrew,
As to the second point, it is insisted that the failure of the decree to describe the lands as being situated in Crittenden county, Arkansas, renders it uncertain as to the location of said lands and, therefore, void. It is admitted that it is otherwise correctly described in the decree and that it is all in township 6 north and in range 8 east. Appellants are in error in this contention. It is well settled that this court will take judicial knowledge that lands described as being in a certain section, township and range, lie in a certain county, for instance, that lands lying in sections 2, 10 and 11, township 6 north, range 8 east, lie in Crittenden county, Arkansas. In Lindsey v. Bloodworth,
It is finally insisted that the cause could not stand for trial at the March term of court and appellant relies on the provisions of 1495 of Pope's Digest which reads as follows: "When a cause shall have been reversed and remanded by the Supreme Court for further proceedings, it may be continued at the first term, unless the mandate shall have been filed with the clerk of the court below and reasonable notice given to the adverse party, or his attorney record, before the commencement of the term, in which case it shall stand for trial, unless good cause for a continuance be shown."
As will be noticed, this section provides that "it may be continued at the first term," not that it shall be continued. Appellants did not appear and ask for a continuance nor did they make any complaint about the reasonableness of the notice given to them. They are not now in any position to complain about the action of the court in the premises.
No error appearing, the decree is accordingly affirmed.
BAKER, J., disqualified and not participating.