Biscoe v. Sandefur
Supreme Court of Arkansas
Appeal fi om Hempstead Circuit Court in Chancery. This was a bill in chancery decided before the Hon. John Q,uillin, Circuit Judge, at the May term, 1851. The material facts are, that, on the 8th of October, 1841, the Real Estate Bank recovered a judgment against Naborne T. Nelson, Charles T. Nelj son and Robert Carrington, upon which a Ji. fa. issued and was levied on two slaves of Naborne T. Nelson.
Read the full summary
Appeal fi om Hempstead Circuit Court in Chancery. This was a bill in chancery decided before the Hon. John Q,uillin, Circuit Judge, at the May term, 1851. The material facts are, that, on the 8th of October, 1841, the Real Estate Bank recovered a judgment against Naborne T. Nelson, Charles T. Nelj son and Robert Carrington, upon which a Ji. fa. issued and was levied on two slaves of Naborne T. Nelson. A delivery bond was given by the defendants and Ambrose K. Ellett as their security, which was forfeited and judgment rendered thereon at the April term; 1842, of the Circuit Court, without…
1Opinion of the Court
S. H. Hempstead, Special Judge,
delivered the opinion of the court.
A serious objection exists to the judgment of May, 1848, which forbids us giving it.sanctity or effect. The act of the Legislature of 7th January, 1843', authorizing the Circuit Courts to recall judgments on delivery bonds, was pronounced unconstitutional and void by this court, in Byrd vs. Brown, 5 Ark. 710, chiefly on the ground that the General Assembly possessed no power to authorize a Circuit Court to revise its own judgments- rendered at a previous term. Nothing need be added to the reasoning in that case, because if any…
2Cases cited22 opinions
- Green v. BurkeNew York Supreme Court · 1840
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- McFarland v. WheelerNew York Supreme Court · 1841
- Haas v. GaddisWashington Supreme Court · 1890
- Tayloe v. Thomson's LesseeSupreme Court of the United States · 1831
17 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- St. Louis & North Arkansas Railroad v. MathisSupreme Court of Arkansas · 1905
- Lawson v. JordanSupreme Court of Arkansas · 1858
- Root v. Railroad Co.Ohio Supreme Court · 1887