Hickey v. Matthews
Supreme Court of Arkansas
APPEAL from Dorsey Circuit Court. Hon. J. M. Bradley, Circuit Judge. The transcript from the Justice returned on certiorari, shows that there was service, though informal, that the defendant appeared by attorney, and that the Justice had jurisdiction of the subject matter. Certiorari, at common law was a writ issuing out of Chancery or King’s Bench. Paeon’s Abs. Title, Certiorari.
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APPEAL from Dorsey Circuit Court. Hon. J. M. Bradley, Circuit Judge. The transcript from the Justice returned on certiorari, shows that there was service, though informal, that the defendant appeared by attorney, and that the Justice had jurisdiction of the subject matter. Certiorari, at common law was a writ issuing out of Chancery or King’s Bench. Paeon’s Abs. Title, Certiorari. It is in the nature of a writ of error. 112 Mass'., 206. Except when ancillary to other process, its office is to bring up the record of an inferior tribunal to enable the court to determine whether the former has…
1Opinion of the CourtSmith, J.
This was eertiorari to quash the judgment of a Justice of the Peaee. The transcript of the Justice’s proceedings, filed with the petition and authenticated by the certificate of the Justice, shows an action begun, before him, by Hickey against Matthews on an account, the amount of which is not stated, December 18, 1877; the issue of a summons for the defendant, the placing of it in the hands of a special constable, and the noting on the docket, of service of the same by reading on the 19th; the failure of the defendant, to appear on the 22d of December, the day set for trial, and a judgment…
2Cases cited2 opinions
- Haines v. Judges of WestchesterNew York Supreme Court · 1839
- People ex rel. Crandall v. Overseers of the PoorNew York Supreme Court · 1853
3Cited by1 opinion
- Merchants & Planters Bank v. FitzgeraldSupreme Court of Arkansas · 1896