Nunn v. Sturges
Supreme Court of Arkansas
Error to Drew Circuit Court. Hon. John 0. Murray, Circuit Judge. The endorsement on the note being only an agreement to waive the formality of notice, did not deprive the defendant of the right to notice. 3 Ark. 263. A waiver of the right to notice must be of record, and not in pais. 4 Eng. 452. Nunn having neither appeared to the suit, received notice, noi waived his right thereto, the judgment against him was a nullity. 8 Eng. 34; 16 Ark. 47; 6 Eng. 157, 525. To impeach…
Read the full summary
Error to Drew Circuit Court. Hon. John 0. Murray, Circuit Judge. The endorsement on the note being only an agreement to waive the formality of notice, did not deprive the defendant of the right to notice. 3 Ark. 263. A waiver of the right to notice must be of record, and not in pais. 4 Eng. 452. Nunn having neither appeared to the suit, received notice, noi waived his right thereto, the judgment against him was a nullity. 8 Eng. 34; 16 Ark. 47; 6 Eng. 157, 525. To impeach the judgment of a court of another State for want of jurisdiction, the absence of jurisdiction must be affirmatively…
1Opinion of the CourtJustice Fairchild
On the 19th of January, 1854, Mary Sturges recovered judgment against Nunn in the Seventh Judicial District Court, held in and for the Parish of East Feliciana, Louisiana, for the sum of six hundred dollars, with eight per cent, per annum interest thereon, from the 1st of January, 1846. Upon this judgment, Mrs. Sturges, with her husband, brought an action of debt in the Circuit Court of Drew county, in which judgment was rendered against Nunn, and the writ of error issued in this case is to obtain the reversal of this judgment.
No point is made for our consideration under the plea of nul tiel…
2Cases cited1 opinion
- Clary v. MorehouseSupreme Court of Arkansas · 1841
3Cited by5 opinions
- State ex rel. Engelhard v. WeberSupreme Court of Minnesota · 1905
- Banco De Sonora v. MoralesArizona Supreme Court · 1922
- Northern Pac. Ry. Co. v. CrowellDistrict Court, D. New Jersey · 1917
- Kirk v. BonnerSupreme Court of Arkansas · 1933
- Raher v. RaherSupreme Court of Iowa · 1911