Jones v. Goodbar
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court. Robert J. Lea, Judge. STATEMENT BY THE COURT. The facts in this case are as follows: The appellee, C. B. Goodbar, held a promissory note against Charlton Scott for the sum of $150, due on the 1st day of November, 1890, with ten per cent, interest from maturity. On the 10th day of January, 1891, Charlton Scott confessed judgment on said note before T. H. Flynn, a justice of the peace.
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Appeal from Lonoke Circuit Court. Robert J. Lea, Judge. STATEMENT BY THE COURT. The facts in this case are as follows: The appellee, C. B. Goodbar, held a promissory note against Charlton Scott for the sum of $150, due on the 1st day of November, 1890, with ten per cent, interest from maturity. On the 10th day of January, 1891, Charlton Scott confessed judgment on said note before T. H. Flynn, a justice of the peace. The justice accordingly entered judgment for the amount of the principal of said note, but did not include the interest. A few days afterwards he issued execution for the amount…
1Opinion of the Court
Riddick, J.,
1. Effect of failure to return execution (after stating the facts). It is first contended ■ that the execution was void for the reason that it was prematurely issued. It was issued by the justice within ten days after the rendition of the judgment, without the plaintiff having made the oath mentioned in section 4388 of Sand. & H. Digest, but this, in our opinion, was a mere irregularity, of which no one but the defendant could complain. Freeman on Executions, sec. 25; Scribner v. Whitcher, 23 Am. Dec. 708; Stewart v. Stocker, 15 Am. Dec. 589; Lowber & Wilmer's Appeal, 42 Am. Dec.…
2Cases cited6 opinions
- Hunt v. LoucksCalifornia Supreme Court · 1869
- Nelson v. BrownSupreme Court of Missouri · 1856
- Parmelee v. HitchcockNew York Supreme Court · 1834
- Jett v. ShinnSupreme Court of Arkansas · 1886
- State ex rel. Sublette v. MeltonSupreme Court of Missouri · 1844
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- Searcy v. CooperSupreme Court of Arkansas · 1965