Legal Opinion

McKee v. Murphy

Supreme Court of Arkansas

Decided January 15, 1838PublishedCited by 4 opinions

Error to Conway Circuit Court. In these cases the same judgment was given. In each the plaintiff in error brought his suit on a writing obligatory, before a Justice of Welborn township. The process was a summons directed to the Constable of the same township, who served the same personally on the defeildant, in Cadron township, (all in Conway county,) in which latter township the defendant resided.

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Error to Conway Circuit Court. In these cases the same judgment was given. In each the plaintiff in error brought his suit on a writing obligatory, before a Justice of Welborn township. The process was a summons directed to the Constable of the same township, who served the same personally on the defeildant, in Cadron township, (all in Conway county,) in which latter township the defendant resided. There, was no Justice or Constable in said township of Cadron, at the time, of the commencement of the suit. The defendant suffered judgment by default to go against him before the Justice, and…

1Opinion of the Court

DicKrosoN, Judge,

delivered the following opinion in each case: This action vvas founded on a writing obligatory, and commenced before a Justice of Welborn township. The process was directed to the Constable of the same township, by. whom there was a personal service in the adjoining one where the defendant resided; and on the day of trial, a judgment was entered against him by default, from which he appealed to the Circuit Court. When the case was called, the defendant moved to dismiss, on the ground that the Justice had no jurisdiction of the case, the defendant, Murphy, being a resident of…

2Cited by4 opinions

  1. Farmers' Nat. Bank of Vinita v. First Nat. Bank of Pryor CreekSupreme Court of Oklahoma · 1909
  2. Tharp v. BarnettSupreme Court of Arkansas · 1910
  3. German Investment Co. v. WestbrookSupreme Court of Arkansas · 1911
  4. Franklin v. BottomsCourt Of Appeals Of Indian Territory · 1903

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