Ex parte Gibson
Supreme Court of Arkansas
On motion to vacate Swpersedeas. Gibson obtained a judgment by default against Clark, in the Scott Circuit Court, in an action on a note. On an ex parte application to this Court, the judgment was superseded on the ground that the Court had no jurisdiction of the person of Clark for want of service of the writ, and that the judgment was therefore void. At the present term, Gibson moved to recall and vacate the supersedeas.
1Opinion of the CourtJustice Walker
Thé question presented for our consideration is, whether the Circuit Court had acquired jurisdiction of the person of the defendant so as to enable it to render judgment against him. Upon the back of the writ of summons is the following endorsement:
“ I, Abraham Clark, do acknowledge due and legal service of the within writ, and promise to enter my appearance at the next term of the Scott Circuit Court, this 17th October, 1839.
(Signed) ABRAM CLARK.”
Attest: W. Walker.”
It is not pretended that this endorsement of itself is evidence of service; but, admitting that it was necessary to prove it, it…
2Cases cited4 opinions
- Clary v. MorehouseSupreme Court of Arkansas · 1841
- Welch v. WalkerSupreme Court of Alabama · 1836
- Norwood v. RiddleSupreme Court of Alabama · 1840
- Newell v. TurnerSupreme Court of Alabama · 1839