Smiser v. Robertson
Supreme Court of Arkansas
Writ of Error to the Gi/rcuit Court of Phillips Qov/nty. After making points and citing authorities to show that the original judgment was erroneous, contended that the original proceeding and first judgment, being erroneous, the second and dependant statutory judgment is necessarily erroneous also. Fowler vs. Gibson et al., 4 Arrie. 11. 427/ Barton vs. Petit <& Bayard, 2 Oond. B. 494/ 8. G. 7 Oranoh. 288.
1Opinion of the CourtJustice Scott
In response to the writ of error in this case, there has been certified into this court, a transcript of the entire record and proceedings from its inception in the Phillips Circuit Court to a return of a forfeited forthcoming bond, regular upon its face, executed upon the levy of an execution issued upon the original judgment.
The statutory judgment, thus shown, extinguished the original judgment, to which a writ of error will no longer lie, as has been heretofore settled in this court. (Phillips et al. vs. Wills, Pease, & Co., 14 Ark. Rep. 595; Dougherty vs. McDonald, ib. 597.) And the…
2Cases cited1 opinion
- Phillips v. Wills, Pease & Co.Supreme Court of Arkansas · 1852