Blackwell v. Glass
Supreme Court of Arkansas
APPEAL from Yell Circuit Court. Hon. H. S. Cartee Special Judge. The return endorsed on the summons was signed by a “DeputySheriff, ” without disclosing the name oí his principal, and is void. Freeman on Judgments 3d Ed. See. 521; 1 Ark 268. The record was not duly authenticated. Act of Cong. May 20th 1790; Hempst. 538. Judgments of Justices of the Peace are not within the Act of Congress, 1 Gr. on Ev.
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APPEAL from Yell Circuit Court. Hon. H. S. Cartee Special Judge. The return endorsed on the summons was signed by a “DeputySheriff, ” without disclosing the name oí his principal, and is void. Freeman on Judgments 3d Ed. See. 521; 1 Ark 268. The record was not duly authenticated. Act of Cong. May 20th 1790; Hempst. 538. Judgments of Justices of the Peace are not within the Act of Congress, 1 Gr. on Ev. See. 505 and note 6; Gantts Dig. p. 136, note b. cfee-; 5 Wend. 148; 21 Am. Dee. 172; Freeman on Judg. p. 134 note 1,3d Ed. and 577; 13 Ark 33, ■ Justice’s Judgments must be proved by the oath…
1Opinion of the CourtSmith, J.
This was an action upon a judgment rendered by a Justice of the Peace in the State of Tennessee’ The defendant pleaded nul tiel record, that the supposed judgment was rendered without any notice to the defendant, that the Justice of the Peace had no jurisdiction of the person of the defendant, nor of the subject-matter of the action, and nil debet. On the trial the plaintiff read in evidence what purported to be a certified copy of the proceedings and judgment of the Justice, authenticated under the Act of Congress of May 20, 1790.
■ in states' The introduction of the transcript was resisted…
2Cases cited1 opinion
- Rowley v. HowardCalifornia Supreme Court · 1863
3Cited by2 opinions
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- Albright v. MickeySupreme Court of Arkansas · 1911