426 CASES IN THE SUPREME COURT [Vol. 21 Miller vs. McCullough. [July MILLER VS MCCULLOUGH. • On certiorari to the judgment of a justice of the peace, the judgment should be quashed or affirmed upon what appears upon the face of the papers, not upon the admissions of parties, as to facts not appearing therein. Appeal f • om Columbia Circuit Court. Hon. She]ton Watson, Circuit Judge. Watkins & Gallagher, for appellant. Garland, contra. Mr. Justice Fairchild delivered the opinion of the court. This appeal has been argued here as involving the question, whether a judgment of a justice of the peace, rendered upon default of the appearance of the defendant, was void becauso served in another township than that in which the summon.= was issued. Judgment having been given against the defendant, and brought to the Circuit Court on certiorari, the transcript of th:, proceedings of the justice of the peace doe, not show that tbe summons was. served out of the township whence it issued although in the Circuit Court, the plaintiff in the justice's suit admittNl such to be the ease; whereupon the Circuit Court quashed the judgment of the justice of the peace. Miller, the original plaintiff, appealed. Upon certiorari, the judgment and procee dings of the justice should have been quashed or affirmed, fr3m what appeared
Vol. 21] OF THE STATE OF ARKANAS. 127 Term, 1860.1 upon the papers, not upon the admissions of parties in the Circuit Court. The judgment of the Circuit Court of Columbia county is reversed with instructions to affirm the judgment of the justice of the peace.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.