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1 Ark. 169

Jeffries v. Morgan

Supreme Court of Arkansas

Decided July 15, 1838

Supreme Court of Arkansas · decided 1838-07-15

Eeros, to Pulaski Circuit Court. This was an action of debt on a judgment recovered against the plaintiff in error in the State o£ Alabama. The record states that the plaintiff in error confessed judgment in the court below for $429 40 debt, and $168 damages, to reverse which judgment for an error, as he contended, in the computation of interest, he brought his writ of error.

Cited by 1 later decisions — most recently January 1912

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1838-07-15

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Lacy, Judge,

¶1delivered the opinion of the Court:

¶2This is an action of debt, founded on a judgment recovered by the plaintiff below, against the defendant, in the State of Alabama.

¶3The record shows that the present plaintiff in error came into open court, and in proper person confessed judgment “ for the sum of four hundred and twenty-nine dollars and forty cents, the debt in the declaration mentioned, and also the sum of one hundred and sixty-six dollars in damages.” The Circuit Court gave judgment for the two sums acknowledged to be due. To reverse the judgment so rendered, the defendant now prosecutes his writ of error in this court.

¶4There is but one assignment of errors, which is, that judgment was given for a greater sum than the record shows to be justly due.

¶5The judgment is formally and properly entered up, and the party confessing it is estopped by his own voluntary act from questioning its correctness.

¶6If there be error in the computation of the interest, it is too late for him now to take advantage of it.

¶7By an act of the Legislature, approved 3d of July, 1807, “judgment on confession shall be equal to a release of error.” There being no other assignment of errors, the judgment of the Circuit Court must therefore be affirmed, with costs.

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