Yell v. Outlaw
Supreme Court of Arkansas
Writ of Error to the Circuit Court of Jefferson county., The prosecution of an appeal to issue and submission is a bar to a writ of error. Ch. 126, sec. Ill, Rev. Stat. Jarvis vs. Blanchard, 6 Mass. 4. Savage vs. Gulliver, 4 Mass. 178. Champion vs. Brooks, 9 Mass..220. Com. Dig. Title 3 B. 18. 2 Tidd's Pr. 1096. Story PI. 371. Fowles vs. Bridges, 1 Shaw, 186. 2 Tidd, 1097. Cheetham vs. Tillotson, 4 J. R. 499.
1Opinion of the CourtChief Justice Watkins
Bogy and Bonne, two of the defendants here, have pleaded in bar of the w'rit of error, that at the May term, 1851, of the Jefferson Circuit Court, at which the judgment brought up by this writ for revision, was rendered, the now plaintiff in error prayed an appeal from the same judgment, which appeal was duly prosecuted, and upon the filing of the transcript, the appeal was docketed; the appellant assigned errors, and these defendants joined therein, and such further proceedings were had, that the appeal came on to be heard and was submitted to this court for its final decision and…
2Cited by1 opinion
- Morgan v. PierceNew Mexico Supreme Court · 1918