Jones v. Terry
Supreme Court of Arkansas
APPEAL from Drew Circuit Court. Hon. J. M. Bradley Circuit Judge. The transcript of the proceedings in the Justice’s Court shows no valid judgment in favor of J. S. Terry against defendant. 1. Judgments of Justice’s are tested by their substance rather than their form. Freeman on Judg. /Sec.47-53, 53 a &c., 55 and note.
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APPEAL from Drew Circuit Court. Hon. J. M. Bradley Circuit Judge. The transcript of the proceedings in the Justice’s Court shows no valid judgment in favor of J. S. Terry against defendant. 1. Judgments of Justice’s are tested by their substance rather than their form. Freeman on Judg. /Sec.47-53, 53 a &c., 55 and note. The form of the docket entry is sufficient. 2. Defendant does not allege that he was not duly summonsed, nor does he allege that the judgment was rendered without notice or fraudulently. Gantt’s Dig. Sea’s. 4738-9; Wait’s Actions and Defences p. 805-6-11. 3. The record shows…
1Opinion of the CourtSmith, J.
This was an action upon a judgment which, as the plaintiff alleges, he had recovered against the defendant on the first day of September, 1877, for $185.44, upon a promissory note, before a Justice of the Peace of Drew County; more than five years having since elapsed, which prevented the issue of execution.
t p]pacl_ Td®murrer' A demurrer to the complaint was overruled; but as the defendant pleaded over, he abandoned his ground of demurrer. The cases decided upon this point by this court are collected in Bose’s Digest pp. 270-1. And the rule has not been changed by the Code. Bliss on Code…
2Cases cited2 opinions
- Barber v. WinslowNew York Supreme Court · 1834
- Salladay v. BainhillSupreme Court of Iowa · 1870
3Cited by9 opinions
- Gulf, C. & S. F. R. Co. v. WashingtonCourt of Appeals for the Eighth Circuit · 1892
- Arbie v. JonesSupreme Court of Arkansas · 1907
- City of Plankinton v. GrayCourt of Appeals for the Eighth Circuit · 1894
- State v. CaldwellSupreme Court of Arkansas · 1902
- Townsly-Myrick Dry Goods Co. v. FullerSupreme Court of Arkansas · 1893
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