Hightower v. Handlin & Venneys
Supreme Court of Arkansas
PETITION TO QUASH EXECUTION. 1. Courts Lave power over tlieir own process, wlien deed Las not been executed, approved, etc. State Bank vs. Noland,. 18 Ark., 301; 6 AN., 425; 10 Ark., 541. 2. - Judgment for costs cannot be rendered when courts Lave no jurisdiction. 5 Eng., 569; 21 AN., 93. 3. At tlie time of the issuance of tlie execution and pretended sale, tlie terms of the Supreme Court were the third Mondays of April and October- of each year.
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PETITION TO QUASH EXECUTION. 1. Courts Lave power over tlieir own process, wlien deed Las not been executed, approved, etc. State Bank vs. Noland,. 18 Ark., 301; 6 AN., 425; 10 Ark., 541. 2. - Judgment for costs cannot be rendered when courts Lave no jurisdiction. 5 Eng., 569; 21 AN., 93. 3. At tlie time of the issuance of tlie execution and pretended sale, tlie terms of the Supreme Court were the third Mondays of April and October- of each year. Acts of 1868, p. 144. 4. Executions issued from any court of record should be returnable the second day of next term thereafter. Gould’s Digest, p.…
1Opinion of the CourtBennett, J.
On the 2d day of December, A. D. 1867, William H. Norton, et al., recoveredr a judgment against the plaintiffs in a certain cause, then pending in this court, wherein said Norton, et al., were appellants, and said plaintiffs, as heirs-at-law of Joseph Miller, deceased, were appellees, on appeal from the Circuit Court, in chancery, of Sebastian county, for the Fort Smith district.
The judgment of this court was, that “the- decree of said Circuit Court, in chancery, in this cause be, and the same is hereby, for the error aforesaid, reversed, annulled and set aside with costs; and that this cause…
2Cited by9 opinions
- American Soda Fountain Co. v. BattleSupreme Court of Arkansas · 1908
- Cowling v. BrittSupreme Court of Arkansas · 1914
- Brady v. SmothermanCourt of Appeals of Georgia · 1935
- Bigham v. DoverSupreme Court of Arkansas · 1908
- Johnson v. BergSupreme Court of Arkansas · 1921
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