Hempstead v. Collins
Supreme Court of Arkansas
Appeal from the circuit court of Hempstead county. This was an appeal from the judgment of a justice of the peace, determined in the circuit court of Hempstead county at t the November term, 1845, before the Hon. Geokgb Conway, judge. The facts appear in the opinion of the court.
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Appeal from the circuit court of Hempstead county. This was an appeal from the judgment of a justice of the peace, determined in the circuit court of Hempstead county at t the November term, 1845, before the Hon. Geokgb Conway, judge. The facts appear in the opinion of the court. Want of jurisdiction is fatal at any stage of the proceedings, and -when it is apparent from the record or shown by evidence, the court will on motion, or ex-officio, without motion, dismiss the case, as no valid judgment can be rendered. Want of jurisdiction may be taken advantage of on error for the first time.…
1Opinion of the Court
Cross,. J.,
delivered the opinion of the court-
The only question presented by the record is one of jurisdiction. Collins, the appellee, brought suit against Hempstead before a justice of the peace on an account, consisting of various items both of debits and credits; the former amounting to two hundred and sixty dollars, seventy-nine cents, the latter, to one hundred and ninety-six dollars, eighty-five cents, and showing a balance of sixty-three dollars and ninety-four cents in favor of Collins. The account appears to have been filed in due time, and on the trial of the cause the justice gave…
2Cases cited1 opinion
- Heilman v. MartinSupreme Court of Arkansas · 1840