Page:Hawkins v. Filkins 01.pdf/10

RhTERM, 1866.] after, duly levied upon the property of the defendant, Filkins; who, thereupon, gave notice to the plaintiff of his intended motion to stay and quash the execution so issued; the grounds of which were set forth in his petition substantially, as follows: "That there is, and was not, at the time said execution issued, any valid subsisting judgment on record in said clerk's office against the petitioner, (the defendant,) but was isuedissued [sic] upon a record purporting to be a judgment rendered in the Pulaski circuit court, at its September term, A. D., 1861, at which time no legal court was held in said county of Pulaski, and that said judgment forthat reason was void." This motion was resisted by the plaintiff, but after consideration, the judge of the circuit court granted an order staying all further proceedings on said execution, until the petition should be heard in the circuit court.

Afterwards, on the 7th day of November, 1865, the circuit court of Pulaski county, atter having heard the evidence, and upon mature consideration, rendered judgment that the execution be quashed, set aside, and held for naught, and that the petitioner, Filkins, recover his costs, etc.

The judgment of the Pulaski circuit court, upon which flit execution issued, and all the proceedings upon which it was founded, as well as the execution, and the endorsements thereon, were preserved by bill of exceptions, and made part of the record in the case.

With regard to the state of case thus presented, it may be well to remark, that the proceeding are all regular. No question is raised as to the validity of the judgment, or the right of the plaintiff to have satisfaction by execution, if, at the time when the judgment was rendered, there could be held a circuit court in Pulaski county; nor is there any question but that the court was held at the regularly appointed time and place, and by all the officers required by law to hold such court, who were all duly qualified to perform the duties imposed upon them by law, if, in law and in fact, there did, at that time exist a government and laws within the state of Arkansas. And as regards that question,