Freeman v. Mears, 35 Ark. 278 (1880)

May 1880 · Arkansas Supreme Court

35 Ark. 278

Freeman et al. vs. Mears et al.

Practice : Entering judgment nunc pro tunc against sureties in an appeal bond without notice.

If on appeal from a justice of the peace judgment be recovered against the appellant and his sureties in the appeal bond, and the clerk omit to include the sureties in the entry of the judgment, a nunc pro tunc judgment may be entered against them at a subsequent term without notice to them.

APPEAL from Arkansas Circuit Court in Chancery.

Hon. J. A. Williams, Circuit Judge.

Pinnell, for appellant.

Brown, contra.

English, C. J.

Andrew J. Mears and Green W. Boat-right obtained a judgment before a justice of the peace of Arkansas county against George W. Stewart, and he appealed to the circuit court, executing an appeal bond, -with "William J. Childress and Augustus L. Freeman ¿s his. sureties. The cause was tried anew in the circuit court, at the September term, 1875, and judgment rendered against Stewart, in favor of Mears and-'..Roatright, for $125 and costs, but the clerk omitted to enter judgment against Childress and Freeman, sureties im "the appeal bond. At a subsequent term a judgment nunc fro tune was entered against them, which they moved to set-aside, on the ground of want of notice, showing no defense to the merits or irregularity in the appeal bond. The court overruled the motion, and they afterwards obtained the allowance of an appeal hy the clerk of this court.

Notice was given to appellants that an application for judgment against them would, be made, though they were in court, and none was necessary. Rogers v. Brooks, 31 Ark., 194.

Affirmed.