Legal Opinion

Scott v. State

Supreme Court of Arkansas

Decided October 15, 1860PublishedCited by 6 opinions

Appeal from Scott Circuit Court. Hon. J. M. Wilson, Circuit Judge. Judgments of a court rendered at a term not authorized by law are void. Dunn vs. The State, 2 Ark. 229. The several clauses of a statute should be so construed, that if possible, all shall stand and be operative.

1Opinion of the CourtJustice Compton

Final judgment upon a forfeited recognizance was rendered against the appellant at a term of the Circuit Court, begun and held for the county of Scott, on the first Monday after the fourth Monday in February, 1859, being the 7th day of March, 1859.

The only objection insisted on in the argument is, that the court was held at a time not authorized by law.

By act oí first of January, 1855, it was provided, that the Circuit Court of Scott county, should be held on the first Mondays after the fourth Mondays in February and August, and the court in question seems to have been held under the…

2Cases cited2 opinions

  1. Dunn v. StateSupreme Court of Arkansas · 1840
  2. Brumley v. StateSupreme Court of Arkansas · 1859

3Cited by6 opinions

  1. McLeod, Comm. of Rev. v. Santa Fe Trail Trans. Co.Supreme Court of Arkansas · 1943
  2. In re MatthewsDistrict Court, W.D. Arkansas · 1901
  3. Cypress Creek Drainage District v. WolfeSupreme Court of Arkansas · 1913
  4. St. Louis Union Trust Co. v. Franklin-American Trust Co.Court of Appeals for the Eighth Circuit · 1931
  5. Strahan v. the Atlanta Natl. Bank of Atlanta, TexasSupreme Court of Arkansas · 1943

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