Burton v. Creel
Supreme Court of Arkansas
Appeal from Miller Circuit Court; George R. Eaynie, Judge; 1. The judgment should be quashed for three reasons, viz: (1) The copy of the summons served on him by the constable was not signed by the justice of the peace who issued it.
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Appeal from Miller Circuit Court; George R. Eaynie, Judge; 1. The judgment should be quashed for three reasons, viz: (1) The copy of the summons served on him by the constable was not signed by the justice of the peace who issued it. (2) The justice did not endorse thereon any of the requirements of § 4650 Kirby’s Digest. '89 Ark. 164, 95 Ark. 71; 42 Id. 166; 71 Id. 322; Kirby’s Digest, § 6381. (3) The constable, at the time of judgment by default, had not signed his name to the return showing service; (60 Ark. 185) this could not be amended by nunc pro tunc order. 92 Ark. 305; 42 Ark. Law…
1Opinion of the CourtHart, J.
E. L. 'Creel sued J. W. Burton before a justice of the peace on a note and verified account for the sum of $125.98. A summons was duly issued and served by the constable. On the return day of the summons the defendant made default and judgment was rendered against him in the amount sued for. An execution was issued, and levied ¡by the constable, upon the personal property of the defendant. After the time for appeal from the judgment had expired, the defendant petitioned the circuit court to quash the judgment upon certiorari. In his petition he recited the facts before set forth and alleged…
2Cases cited2 opinions
- Webster v. Daniel & StrausSupreme Court of Arkansas · 1886
- Carolan v. CarolanSupreme Court of Arkansas · 1886
3Cited by2 opinions
- Billings v. Aeropres Corp.District Court, E.D. Arkansas · 2007
- Jaggers v. GrahamSupreme Court of Arkansas · 1917