Legal Opinion

Hawkins v. Filkins

Supreme Court of Arkansas

Decided December 15, 1866PublishedCited by 9 opinions

Error to Pulaski Ci/rcmt Court. Hon. LebeRty Bartlett, Circuit Judge. We respectfully submit that the proposition, that the judgment upon which the execution was issued was rendered by a court whose acts were made void by the preamble to the' present constitution of the State of Arkansas, is contrary to law. The preamble to the constitution does not, ex vi termini, admit of such a construction; nor can the same be given to it by any fair intendment.

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Error to Pulaski Ci/rcmt Court. Hon. LebeRty Bartlett, Circuit Judge. We respectfully submit that the proposition, that the judgment upon which the execution was issued was rendered by a court whose acts were made void by the preamble to the' present constitution of the State of Arkansas, is contrary to law. The preamble to the constitution does not, ex vi termini, admit of such a construction; nor can the same be given to it by any fair intendment. See preamble to present constitution of Arkansas, page 5 of parnph. Acts, 1864. The constitution is not to receive a strict construction. “ The…

1Opinion of the CourtChief Justice WalKer

delivei’ed the opinion of the court.

Jacob Hawkins, the plaintiff in error as well as in the court below, brought his action of debt, in the Pulaski circuit court, against Lemuel M. Filkins, upon a promissory note for the sum of four hundred and fifty dollars. The declaration was filed, and the writ made returnable to the May term of said court, 1861. The writ was duly executed, and at the return term, the defendant appeared and craved oyer of the writing declared upon, which was granted by filing the original note. Without further proceedings at that term, the case was continued until the…

2Cases cited2 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Martin v. Hunter's LesseeSupreme Court of the United States · 1816

3Cited by9 opinions

  1. Lybrand v. Wafford (1)Supreme Court of Arkansas · 1927
  2. Lawson v. JeffriesMississippi Supreme Court · 1873
  3. Scheible v. BachoSupreme Court of Alabama · 1868
  4. Mack v. JohnsonSupreme Court of Arkansas · 1894
  5. Penn v. TollisonSupreme Court of Arkansas · 1871

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