Budd v. Burnett
Supreme Court of Arkansas
Appeal from Polk Circuit Court; J. 8. Lake, Judge; The judgment was void and the circuit erred in not quashing it on certiorari issued by the judge in vacation. The defendant had not been served with summons when the judgment was rendered and defendant had a meritorious defense to the suit.
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Appeal from Polk Circuit Court; J. 8. Lake, Judge; The judgment was void and the circuit erred in not quashing it on certiorari issued by the judge in vacation. The defendant had not been served with summons when the judgment was rendered and defendant had a meritorious defense to the suit. Kirby’s Digest, § 4124; 2 Ark. 85, 121. Jurisdiction of courts inferior cannot be inferred, but must be shown. 51 Ark. 317. The record shows 'a void judgment quashable on certiorari. 2 Ark. 85; Lb. 124; 11 Id. 301; 51 Id. 317; 105 Id. 5; 82 Id. 330; Kirby’s Digest, § 4121. The account is justly due and…
1Opinion of the CourtHart, J.
This is a proceeding by J. D. Budd in the circuit court to quash the judgment of a justice of the peace against him in favor of C. B. Lyons. The proceeding was heard in the circuit court upon the petition for the writ of certiorari, the transcript of the record of the justice of the peace and the motion of C. B. Lyons to dismiss the writ of certiorari. The circuit court sustained the motion and dismissed the petition. Budd has appealed.
The transcript of the justice of the peace shows that on the 16th day of February, 1915, C. B. Lyons filed before the justice an account for labor against J.…
2Cases cited4 opinions
- Knight v. CreswellSupreme Court of Arkansas · 1907
- Levy v. Ferguson Lumber Co.Supreme Court of Arkansas · 1888
- Nelson v. FreemanSupreme Court of Arkansas · 1918
- Woolford v. HarringtonSupreme Court of Arkansas · 1839