Rudd v. Thompson & Barnes
Supreme Court of Arkansas
Error to Desha Circuit Court. Hon. John C. Murray, Circuit Judge. A writ unattested by the judicial seal of the court from which it issues, is void. 3 Ark. 450; lb. 558 ; lb. 451. A writ directed to the sheriff cannot be legally executed by the coroner. Howes Pr. 93-4; 11 Mass. 181; 4 Pick. 405.. Every presumption should be made in support of a judgment— it must be intended that the sheriff was disqualified, and therefore that the writ was legally executed by the coroner.
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Error to Desha Circuit Court. Hon. John C. Murray, Circuit Judge. A writ unattested by the judicial seal of the court from which it issues, is void. 3 Ark. 450; lb. 558 ; lb. 451. A writ directed to the sheriff cannot be legally executed by the coroner. Howes Pr. 93-4; 11 Mass. 181; 4 Pick. 405.. Every presumption should be made in support of a judgment— it must be intended that the sheriff was disqualified, and therefore that the writ was legally executed by the coroner. Gould’s Dig. 272.
1Opinion of the CourtChief Justice English
The defendants in error recovered a judgment by default* in the Desha Circuit Court, against the plaintiffs in error, for $25000 debt, and $1500 damages.
The counsel for the defendants admits that the recovery, upon the declaration, was excessive, offers to remit the excess, and asks an affirmance under the rule, &c.
But two objections are taken to the writ, which are founded in fact, as it appears in the transcript before us : 1st. that it has no seal, and 2d. that it was directed to Henry Smith, the sheriff, and was served and returned, as appears from the return endorsed, by Thomas…
2Cases cited2 opinions
- Hughes v. MartinSupreme Court of Arkansas · 1839
- Thompson v. BremageSupreme Court of Arkansas · 1853
3Cited by5 opinions
- Ambler v. LeachWest Virginia Supreme Court · 1879
- Oliver v. RouthSupreme Court of Arkansas · 1916
- Laidley's Adm'rs v. Bright's Adm'rWest Virginia Supreme Court · 1881
- Archibald v. ThompsonSupreme Court of Colorado · 1874
- Friar v. McNamaMissouri Court of Appeals · 1897