Clary v. Morehouse
Supreme Court of Arkansas
Eeeoe to Chicot Circuit Court. The defendant in error, on the thirtieth day of April, 1838, filed, in the office of the clerk of the circuit court of Chicot county, his declaration in debt, against the plaintiff in error, with an endorsement, signed by them, as follows: “We, David Clary and Albert W. Webb, the within defendants, do hereby acknowledge service of the within declaration, and waive the necessity of any process issuing thereon.
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Eeeoe to Chicot Circuit Court. The defendant in error, on the thirtieth day of April, 1838, filed, in the office of the clerk of the circuit court of Chicot county, his declaration in debt, against the plaintiff in error, with an endorsement, signed by them, as follows: “We, David Clary and Albert W. Webb, the within defendants, do hereby acknowledge service of the within declaration, and waive the necessity of any process issuing thereon. Given under our hands, this 23d day of March, 1838.” The declaration is entitled of the term of the court, to be holden on the first Monday after the…
1Opinion of the CourtRingo, C. J.
The plaintiffs allege that there was no sufficient service of the writ to authorize a judgment in this case against them. The question thus presented by the record and assignment of errors, though somewhat novel in its character, is by no means difficult to decide; because it is apparent, upon the first view, that no such proceeding is warranted by the common law, nor is it within any statutory provision in force in this State. Our statute provides for the institution of suits at law in the circuit courts of this State, by filing in the office of of the clerk of the circuit court in which the…
2Cited by9 opinions
- Kirk v. BonnerSupreme Court of Arkansas · 1933
- Hudspeth v. Gray, Durrive & Co.Supreme Court of Arkansas · 1843
- Bradley, Wheeler & Co. v. HarwiCourt of Appeals of Kansas · 1895
- Nunn v. SturgesSupreme Court of Arkansas · 1860
- Fort v. HundleySupreme Court of Arkansas · 1843
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