Woolford v. Harrington
Supreme Court of Arkansas
Error to Pulaski Circuit Court. This was an action originally commenced by Harrington, before a Justice of the Peace. The summous issued was as follows : “ State of ,Arkansas, County of Pulaski, City of Little Rock, ss. The State of Arkansas to the Constable of the City of Little Rock — Greeting. Summon Israel Woolford to appear before me, a Justice of the Peace, on the 16th day of June, 1838, at my office in said township,” &c.
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Error to Pulaski Circuit Court. This was an action originally commenced by Harrington, before a Justice of the Peace. The summous issued was as follows : “ State of ,Arkansas, County of Pulaski, City of Little Rock, ss. The State of Arkansas to the Constable of the City of Little Rock — Greeting. Summon Israel Woolford to appear before me, a Justice of the Peace, on the 16th day of June, 1838, at my office in said township,” &c. Signed, “ J. Brown, J. P.” Upon it was the following return, “ executed the within by reding the same to I. Woolford in Bigg Rock •township, this 9 day of June 1838.…
1Opinion of the CourtLacy, J.
It is as much a principle of natural justice, as of legal right, that no one can be made a party to any judicial proceeding, without he has some notice thereof, and an opportunity offered him of defending his interest; and it is equally clear that he cannot be bound by any judicial process, judgment, or decree, to which he has not been legally constituted a party on the record. The summons in the case before us, issued from the Justice’s Court, on the first of June, A. D. 1838, and was made returnable on the 16th day thereof. It was properly executed on the 9th day of June-, A. D. 1838, but…
2Cited by2 opinions
- Merrill v. ManeesSupreme Court of Arkansas · 1858
- Budd v. BurnettSupreme Court of Arkansas · 1919