Carolan v. Carolan
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. Hon. G. S. Cunningham, Circuit Judge. Appellant was denied a defense or hearing, which in law was a revocation of the court’s process. The answer was sufficient and in apt time. Mans/. Dig., sec. 4050; 30 Ark., 560; 37'Ark., 580. Appellee did not show himself entitled to judgment, Mansf. Dig., secs. 4046, 4068, and should have been non-suited.
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APPEAL from Logan Circuit Court. Hon. G. S. Cunningham, Circuit Judge. Appellant was denied a defense or hearing, which in law was a revocation of the court’s process. The answer was sufficient and in apt time. Mans/. Dig., sec. 4050; 30 Ark., 560; 37'Ark., 580. Appellee did not show himself entitled to judgment, Mansf. Dig., secs. 4046, 4068, and should have been non-suited. Ib., sec. 4065. The justice’s record should show facts giving it jurisdiction or the law regards the whole as coram non judice and void. Rose Dig., p. 470, sec. 2; Ark. Justice, secs. 8, 10; Drake Att., sec. 85, 5 ed;…
1Opinion of the CourtCockrill, C. J.
The appellee sued the appellant upon an open account, duly verified, before a justice of the peace. The appellant appeared on the return day of the summons and filed an answer, but the justice conceiving that the answer was of a nature that required verification, caused it to be stricken from the files upon motion of the plaintiff’s attorney, and refused to hear evidence from the defendant to sustain the allegations of the answer that had been stricken out; and as the defendant did not offer to amend or answer further, judgment was rendered against him. After the time for appeal from this…
2Cases cited1 opinion
- Windsor v. McVeighSupreme Court of the United States · 1876
3Cited by11 opinions
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- State ex rel. Missouri Pacific Railway Co. v. EdwardsSupreme Court of Missouri · 1891
- Browning v. WaldripSupreme Court of Arkansas · 1925
- Ex parte PhillipsSupreme Court of Arkansas · 1906
- Ferguson v. OliverMichigan Supreme Court · 1894
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