Farrelly v. Cross
Supreme Court of Arkansas
Writ of Error to Hempstead Circuit Court. This was a scire jadas to revive a judgment of Hempstead Circuit Court, rendered October 14, 1840, in favor of Farrelly against Cross. The writ issued 6th November, 1847, and the case was determined in August, 1848, before Hon. Geokge Con-wav, then one of the Circuit Judges. The defendant pleaded: 1st. Nul tiel record: 2d. That the judgment was rendered without service of process or appearance of the defendant: 3d.
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Writ of Error to Hempstead Circuit Court. This was a scire jadas to revive a judgment of Hempstead Circuit Court, rendered October 14, 1840, in favor of Farrelly against Cross. The writ issued 6th November, 1847, and the case was determined in August, 1848, before Hon. Geokge Con-wav, then one of the Circuit Judges. The defendant pleaded: 1st. Nul tiel record: 2d. That the judgment was rendered without service of process or appearance of the defendant: 3d. That, on the 7th May, 1846, this Court, on petition of defendant and a transcript of said judgment, ordered a superse-deas to issue to…
1Opinion of the CourtJustice Walker
A preliminary question of some importance is presented for our consideration, which we will proceed to examine. The action was scire facias to revive a judgment; an issue of nul tiel record was submitted to the Court, and decided for the defendant. The plaintiff excepted to the decision of the Court, and filed his bill of exceptions containing all of the evidence; no exceptions were taken in the progress of the trial, nor was any motion made to set aside the finding, and grant a new trial. The question, under this state of case, is, has this Court power to examine into and correct errors in…
2Cases cited6 opinions
- Mayhew v. ThatcherSupreme Court of the United States · 1821
- Parsons v. ArmorSupreme Court of the United States · 1830
- Barker v. M'ClureIndiana Supreme Court · 1826
- Adams v. BetzSupreme Court of Pennsylvania · 1833
- Lambert v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1827
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