Rheubottom v. Sadler
Supreme Court of Arkansas
Error to Johnson Circuit Court. Hon. W.illiam H. Feild, Special Judge. The entry on the record that the parties or defendants appeared, has reference to, and means only that those defendants, who are under legal obligation to appear — those served duly and in time with process: and it is error to enter judgment against those who have net appeared in name; or on whom there is no service of process, and the motion to arrest, by Dickson Logan, should have been sustained.
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Error to Johnson Circuit Court. Hon. W.illiam H. Feild, Special Judge. The entry on the record that the parties or defendants appeared, has reference to, and means only that those defendants, who are under legal obligation to appear — those served duly and in time with process: and it is error to enter judgment against those who have net appeared in name; or on whom there is no service of process, and the motion to arrest, by Dickson Logan, should have been sustained. Woolford et al. vs. Howell, 2 Ark. 1; Violet vs. Waters, 1 J.J. Marsh. 303; Dean vs. McNulty, 2 Sm. & Marsh. -113; Pittman vs.…
1Opinion of the CourtChief Justice English
On the 16th of March, 1852, James Murphy commenced an action of trover for a slave against William Rheubottom, Ellison Logan, Boon Logan, and Dickson Logan; in the Circuit Court of Johnson county.
The clerk states that the writ, with the return thereon, had been mislaid, and could not be found.
At the March term, 1852, the death of Murphy was suggested, and the cause revived in the name of Rufus C. Sadler, as his-, executor.
At the September term, 1853, it appears that the following record entry was made:
“ Rufus C. Sadler, as executor of the last will of James Murphy, deceased, Plaintiff. vs.…
2Cases cited1 opinion
- Jennings v. AshleySupreme Court of Arkansas · 1843