Bird v. Mathis ex rel. Van Hook

Decided January 15, 1846

Supreme Court of Arkansas · decided 1846-01-15

Writ of error to the circuit court of Union coutity. This was an action of debt upon a promissory note, brought by Mathis for the use of Van Hook & Carr against Bird, and determined before the Hon. John Field, then one of the circuit judges, at the May term of the circuit court of Union county, 1844. At the return term, November, 1843, Bird filed a plea in abatement of the writ on the ground of variance between it and the declaration.

Decided 1846-01-15

Oldham J.,

¶1delivered the opinion of the court.

¶2After the finding of the plea in abatement in favor of the plaintiff in error, and the rendering of judgment quashing the writ, the case stood as though no writ had ever been issued, and the party was not bound to appear, until regularly notified by the service of a valid writ. The judgment by default entered at a subsequent term was erroneous, being without notice upon the party. The judgment is reversed, the cause remanded, and Bird considered in court, in consequence of having prosecuted his writ of error to this court.