Smith v. Hornback

Opinion of the Court.

THIS is a writ of error to a judgment obtained by the defendant in error, upon the report of commissioners under the occupying claimant law, for a balance reported in their favor against the plaintiff.

The judgment of eviction was rendered in 1804, and the order appointing the commissioners was not made until 1818. The order was made upon the application of the defendant, and there is nothing in the record to show that the plaintiff was in court, or that he had any notice that such an application would be made. This was clearly erroneous. The party against whom a judgment…