Public-domain · open source
OpenJurist

20 Ark. 35

Ex parte Jones

Supreme Court of Arkansas

Decided January 15, 1859

Supreme Court of Arkansas · decided 1859-01-15

<p>The principle, that a judgment by default cures the omission of profert of the note declared on, approved.</p>

Relies on Bank of the State v. Hubbard

Decided 1859-01-15

Mr. Chief Justice

¶1English delivered the opinion of the Court.

¶2This is an application for a writ of error with supersedeas. The transcript, exhibited with the application, shows that Robinson brought an action of debt against Jones, in the Johnson Circuit Court, upon a promissory note, of which no profert was made in the declaration. Jones was duly served with process, and permitted judgment to. be rendered against him by default, and now applies to this Court for writ of error with supersedeas.

¶3The only error complained of is, that no profert was made of the note declared on; and this defect was cured by the judgment by default, as heretofore repeatedly decided by this Court. See Tucker et al. vs. Real Estate Bank, 4 Ark. 420; Shields vs. Barden, 1 Eng. R. 459; Gould's Dig., chap. 133, sec. 116.

¶4The supersedeas is denied.

/20/ark/35 · .json · Public domain