Jackson v. Wight, 6 Ark. 387 (1846)

Jan. 1846 · Arkansas Supreme Court

6 Ark. 387

Jackson vs. Wight.

The ease sent up by the clerk must correspond with the one named in the Writ of error, otherwise it will be dismissed for want of jurisdiction. ■

Writ of error to the circuit court of Benton county.

The writ of error commanded the clerk of the court below to' Send up to this court the record and proceedings in a case wherein Warren Wight was plaintiff and James A. Jackson, defendant.-

The clerk sent up the transcript of a case commenced by Warren Wight against James A. Jackson' before a justice of the peace, in which Wight recovered judgment against Jackson; and he appealed to the circuit court of Benton, giving James P. Spring as his security in the appeal bond. The cause was tried in the circuit court, and judgment rendered against Jackson and Spring as his security in the appeal.

Oldham J.,

delivered the opinion of the court.

The writ of error in this case commanded the clerk of the Benton circuit court to certify up to this court a true and perfect transcript of the case of Wight vs. Jackson. The clerk has certified up the proceedings had in a case wherein the judgment was rendered .in favor of Wight vs. Jackson and James P. Spring his security.- The record does not correspond with the writ of error issued, and the court cannot therefore take jurisdiction thereof.The writ of error' is therefore dismissed