Street v. Stuart
Supreme Court of Arkansas
APPEAL from Jaclcson Circuit Court. Hon. R. Ii. Powell, Circuit Judge. 1. The Court of Common Pleas was a court of superior jurisdiction, and its judgments are not void, only voidable. 11 Ark., 519; 31 lb., 83; 21 lb., 367. The court certainly had jurisdiction of the subject matter and parties, and of the assessment of damages on dissolution of the attachment, (Act 14 Dec., 1875; Act Nov. 10, 1875,) hence if the court erred, it was not in the assumption of jurisdiction but…
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APPEAL from Jaclcson Circuit Court. Hon. R. Ii. Powell, Circuit Judge. 1. The Court of Common Pleas was a court of superior jurisdiction, and its judgments are not void, only voidable. 11 Ark., 519; 31 lb., 83; 21 lb., 367. The court certainly had jurisdiction of the subject matter and parties, and of the assessment of damages on dissolution of the attachment, (Act 14 Dec., 1875; Act Nov. 10, 1875,) hence if the court erred, it was not in the assumption of jurisdiction but merely in its conclusion of law on the merits. 28 Ark., '91. The writ of certiorari is simply a common law writ to remove…
1Opinion of the Court
English, C- J.
On the twenty-sixth January, 1878, Amanda J. Dailey sued D. L. Ringler, C. E. Street and J. A. McCauley, partners under the firm name of C. A. Street & Co., in theCourt of CommonPleas of Jackson county, on a note for $124, on an affidavit that defendants were about to make a fraudulent disposition of their property, and the execution of a code form of attachment bond by Peter B. Dailey and Silvey Stuart as sureties, a writ of attachment was issued, and levied by the sheriff on two rafts of square timber lying in White river.
Defendants made no defense to the note sued on, but…
2Cited by3 opinions
- LaFont v. MixonSupreme Court of Arkansas · 2010
- Clift v. Jordan, Admr.Supreme Court of Arkansas · 1944
- Griffin v. BoswellSupreme Court of Arkansas · 1916