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Smith v. Finley
52 Ark. 373
Ark.
1889
Check Treatment
Per Curiam.

The justice’s record does not show jurisdiction of the person of the defendant Finley unless by inference. The parol testimony which was heard at the trial, and was admissible to show want of jurisdiction (Jones v. Terry, 43 Ark., 230; Visart v. Bush, 46 ib., 153), is conclusive of that fact. The judgment was, therefore, void.

The proof was clear that the contract was usurious. The plaintiff, therefore, took nothing by his purchase at the trustee’s sale.

Affirm.

Case Details

Case Name: Smith v. Finley
Court Name: Supreme Court of Arkansas
Date Published: Nov 15, 1889
Citation: 52 Ark. 373
Court Abbreviation: Ark.
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