Rogers v. Conway
Supreme Court of Arkansas
This was an action of ejectment, tried in the Circuit Court of Hot Spring county, in August, A. D. 1840, before the Hon. John J. Clendenin, one of the Circuit Judges. At the February Term, A. ©. 1840, the case was continued, by consent of parlies; and at the next Term, judgment by default was rendered against Rogers, the defendant, who sued his writ of error. contended that there was no sufficient process or service, to warrant a judgment by default.
1Opinion of the Court
By the Court,
Dickinson, J.
We find none of the objections taken in the Court below tenable. We do not deem it necessary to determine the point, whether the process was sued out in strict conformity with the statute, or not; nor whether the notice was properly served. If there be any defects on these points, which we think questionable, there can be no doubt but that they are fully cured by the parties appearing in the first instance, and, by their consent, agreeing to a continuance. The object of service and notice was, to apprise the party of the nature of the pro-ccedings against him. The…
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