McGowan v. Freeberry
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Cochran, Judge; 1. The court erred in sustaining the plea of payment. The judgment before the justice of the peace was void, beyond his jurisdiction. 5 Ark. 214; 61 Id. 13. See also 20 Oye. 1146-8-9; 9 111. 354; 22 Ind. 244; 26 Kan. 599; 109 Mass. 313; ¡58 Mo.
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Appeal from Crawford Circuit Court; James Cochran, Judge; 1. The court erred in sustaining the plea of payment. The judgment before the justice of the peace was void, beyond his jurisdiction. 5 Ark. 214; 61 Id. 13. See also 20 Oye. 1146-8-9; 9 111. 354; 22 Ind. 244; 26 Kan. 599; 109 Mass. 313; ¡58 Mo. App. 384. 2. The appellee is not protected by the payment of the judgment It was exempt and the payment made by collusion. 20 Cyc. 1149; 34 Ala. 583; 42 N. W. 896. 3. The judgment was void because rendered without the filing of any allegations and interrogatories — ¡a judgment by default. The…
1Opinion of the CourtHumphreys, J.
This suit was instituted by appellant against ¡appellee in the Crawford Circuit Court to recover $167, alleged to be due as a balance of purchase money for the following described real estate in Crawford County, Arkansas, towit: East half northwest quarter, northeast quarter, west half, northeast quarter northeast quarter, east half, northeast quarter, northeast quarter southeast quarter, northeast quarter, and northeast-quarter, southeast quarter; all in ¡section 18, township 12 north, range 31 west.
Appellee pleaded as a defense that he had paid the balance due as purchase money for said…
2Cases cited6 opinions
- Tiger v. Rogers Cotton Cleaner & Gin Co.Supreme Court of Arkansas · 1910
- Davis v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1904
- Blass v. ErberSupreme Court of Arkansas · 1898
- More v. WoodruffSupreme Court of Arkansas · 1843
- Little Rock Traction & Electric Co. v. WilsonSupreme Court of Arkansas · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McDonald v. CaseSupreme Court of Arkansas · 1937