Chicago, Rock Island & Pacific Railway Co. v. Young
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; The action instituted, and the judgment rendered by the justice of the peace, was rendered against a different corporation from this appellant. If, by oversight of an attorney, an appeal was prayed from that judgment to the circuit court in the name of this appellant, that did not justify the latter court -in holding that it had made itself a party to the action, in the absence of any proceedings instituted against it.
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Appeal from Union Circuit Court; George W. Hays, Judge; The action instituted, and the judgment rendered by the justice of the peace, was rendered against a different corporation from this appellant. If, by oversight of an attorney, an appeal was prayed from that judgment to the circuit court in the name of this appellant, that did not justify the latter court -in holding that it had made itself a party to the action, in the absence of any proceedings instituted against it. Kirby’s Digest, § 4565. There was no consent to the judgment. A judgment not based on pleadings or consent is void. 76…
1Opinion of the CourtBattle, J.
W. T. Young brought an action before a justice of the peace of Union County against the Rock Island, Arkansas & Louisiana Railroad Company to recover damages on account of the killing of a cow. On the first of December, 1906, the justice of the peace rendered judgment against the defendant for $70, there being no appearance nor answer of ■the defendant. On the third day of December, 1906, the Chicago, Rock Island & Pacific Railway Company prayed an appeal from the judgment against the defendant, filing the affidavit of one of its attorneys and stating therein that it was aggrieved by the…
2Cases cited1 opinion
- Woolverton v. FreemanSupreme Court of Arkansas · 1905
3Cited by1 opinion
- Greer v. JoyceSupreme Court of Arkansas · 1919