Sims v. Loughridge
Supreme Court of Arkansas
Appeal from Baxter Circuit Court; J. B. Baker, Judge; 1. The original judgment was against the Presbyterian Church, the corrected judgment was against Lough-ridge et al. deacons and the Presbyterian Church. These words are merely descriptio personae, and surplusage and the judgment was personal. 8 N. T. 472; 17 Abb. Pr. 59; 140 Barb. 374; 11 How.
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Appeal from Baxter Circuit Court; J. B. Baker, Judge; 1. The original judgment was against the Presbyterian Church, the corrected judgment was against Lough-ridge et al. deacons and the Presbyterian Church. These words are merely descriptio personae, and surplusage and the judgment was personal. 8 N. T. 472; 17 Abb. Pr. 59; 140 Barb. 374; 11 How. Pr. 11; 22 Id. 372; 16 Ha. 192. 2. After the term the justice had no power to enter a new judgment nunc pro tunc. 87 Ark 438; 92 Id. 299; 93 Id. 234; 79 111. 515; 65 Ind. 27; 43 Mich. 376. The corrected judgment is a nullity.
1Opinion of the CourtMcCulloch, C. J.
Appellants took an appeal to the circuit court of Baxter County from an order of a justice of the peace amending, nunc pro tunc, a former judgment of that court, and from an adverse judgment of the circuit court they have appealed to this court. No bill of exceptions was filed, and there was no motion for new trial, so we are limited to a review for errors apparent on the face of the record. It appears that the action in which the original judgment was rendered was one instituted by the appellee, Mrs. L. V. Loughridge, against W. C. Sims, L. Loughridge, J. W. Wooley, “deacons of the…
2Cases cited3 opinions
- Lawrence County Bank v. ArndtSupreme Court of Arkansas · 1901
- Gates v. BennettSupreme Court of Arkansas · 1878
- Thompson v. BowenSupreme Court of Arkansas · 1908