Hawkins v. Nunnelly
Supreme Court of Arkansas
"Writ of error to the circuit court of Sevier county. Tins was a judgment oil a forfeited delivery bond, obtained by J. W. Nunnelly against B. F. Hawkins, the principal in the bond, and Green, his security, in the circuit court of Sevier county, at the May term, 1842, before the Hon. Wm. Conway B., one of the circuit judges. The court rendered the judgment, by default, without a writ of inquiry.
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"Writ of error to the circuit court of Sevier county. Tins was a judgment oil a forfeited delivery bond, obtained by J. W. Nunnelly against B. F. Hawkins, the principal in the bond, and Green, his security, in the circuit court of Sevier county, at the May term, 1842, before the Hon. Wm. Conway B., one of the circuit judges. The court rendered the judgment, by default, without a writ of inquiry. The judgment in this case is reversible, in accordance with the decision of this court in the case of Patton & Stewart vs. Wolcott, 4 Ark, 579, the record in this case presenting a similar objection.
1Opinion of the CourtOldiiam, J.
This was a summary proceeding upon a forfeited delivery bond. The judgment was rendered by default, and the court assessed the damages, without awarding a writ of inquiry. This case comes within the rule laid down in Patton & Stewart vs. Wolcott, 4 Ark. 579, and Jennings vs. Ashley & Beebe, 5 Ark. 128, and is in violation of it, and must therefore be reversed.
2Cases cited2 opinions
- Jennings v. AshleySupreme Court of Arkansas · 1843
- Patton v. WalcottSupreme Court of Arkansas · 1842
3Cited by1 opinion
- Moore Bros. v. CowanSupreme Court of Alabama · 1911