McLain v. Irwin

Decided July 15, 1845

Supreme Court of Arkansas · decided 1845-07-15

Writ of error to the circuit court of Jefferson county.- Tins was a judgment oil a forfeited delivery bond,' obtained on the mere motion of the plaintiff in error, against the defendants, in the circuit court of Jefferson comity, before the Hon. Isaac'-Bakeiy one of the circuit judges, at the October term, 1843. No statement or declaration in writing was filed, nor was any notice given the defendants of the motion, previous to the rendering of the judgment.

Cited by 1 later decisions — most recently July 1853

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1845-07-15

View the full empirical analysis of this case →

Oldiiam, J.,

¶1delivered the opinion of the court.

¶2This was a summary proceeding upon a forfeited delivery bond, under the act of 1843, entitled “an act concerning judgments upon delivery bonds.” The practice upon this subject has been so fully discussed and explained,' by this court, in repeated decisions, that we deem it unnecessary to repeat again what has been so frequently and expressly settled. Patton & Stewart vs. Wolcott, 4 Ark. Rep. 579. McKnight vs. Smith, 5 Ark. Rep. 410. Byrd et al. vs. Brown et al. ib. 709. According to the principles settled in these-eases, this judgment is clearly erroneous, and must be reversed.