Epps v. Sasby
Supreme Court of Arkansas
APPEAL from Pope Circuit Court. Hon. G. S. Cunningham. There was no proper service on Epps. Gantt’s Dig., See. 4511-4514. And the Justice had no jurisdiction to render judgment by default. Judgment without notice is void. lb., See. 4738. Epps only appeared for the purpose of moving to quash the return, and objecting to the Justice taking jurisdiction.
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APPEAL from Pope Circuit Court. Hon. G. S. Cunningham. There was no proper service on Epps. Gantt’s Dig., See. 4511-4514. And the Justice had no jurisdiction to render judgment by default. Judgment without notice is void. lb., See. 4738. Epps only appeared for the purpose of moving to quash the return, and objecting to the Justice taking jurisdiction. This was not an appearance to the action, lb., 3736; 3 Ark, 532; 5 Id., 409; 18 Id., 308; 1 Id., 376; 5 Id., 517; 20 Id., 12. The judgment being void there was no remedy by appeal. Rose Dig. Epps having voluntarily appeared before the Justice,…
1Opinion of the CourtSmith, J.
Sasby sued Steel & Epps upon a due bill made by them, in their firm name, for $20.62. The con stable returned service upon Epps by leaving a copy of process at his residence with a member of his family over the age of fifteen years. As to Steel, be made a return of “ non est inventus.” At 10 A. m., of the day set for trial, Epps appeared and requested that the case be postponed until 1 P. M., in order to give his attorney time to arrive. In due time the attorney came and moved the justice to quash the return upon the summons. This the justice declined to do, and Epps saying nothing further,…
2Cases cited1 opinion
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