Bixler v. Taylor
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Hugh Basham, Judge; 1. A judgment by a court without jurisdiction is void. 105 Ark. 5. It can not be validated by revival nor by .appeal. 23 Cyc. 698. Certiorari is the proper remedy to quash. 73 Ark. 604; 52 Id. 213. An appeal not prosecuted does not bar the writ. 16 Tex. 590. Nor will .an ineffectual appeal defeat the right. 2 Phila. 215; 25 Ark. 25; 3 Corpus, Juris. 352. 2. An appeal means the removal of a suit from an inferior to higher…
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Appeal from Conway Circuit Court; Hugh Basham, Judge; 1. A judgment by a court without jurisdiction is void. 105 Ark. 5. It can not be validated by revival nor by .appeal. 23 Cyc. 698. Certiorari is the proper remedy to quash. 73 Ark. 604; 52 Id. 213. An appeal not prosecuted does not bar the writ. 16 Tex. 590. Nor will .an ineffectual appeal defeat the right. 2 Phila. 215; 25 Ark. 25; 3 Corpus, Juris. 352. 2. An appeal means the removal of a suit from an inferior to higher court. 72 Ark. 475. It is .an entry of appearance. 31 Ark. 58; 20 Id. 12. The revival of a void judgment on scire facias…
1Opinion of the CourtSmith, J.
This is a proceeding by certiorari to quash the judgment of a justice of the peace upon the. ground that it was rendered without service having been previously had. Upon the trial in the court below there was evidence which tended to support the .allegations of the petition for the writ, and there was likewise evidence to the effect that the defendant appeared by an attorney-in-fact at the justice trial and defended the suit there. There is also evidence to the effect that this attorney-in-fact had no authority to so appear.
It is undisputed, however, that after the rendition of the judgment…
2Cited by3 opinions
- Mercer v. Motor Wheel CorporationSupreme Court of Arkansas · 1928
- Cox Investment Co. v. Major Stave Co.Supreme Court of Arkansas · 1917
- Murdock Acceptance Corp. v. SpeerSupreme Court of Arkansas · 1956