Pennywit v. Eaton

Judgment affirmed with 10 per cent, damages in a case brought here in disregard of the law as already settled by precedents of the court.

Error to the Supreme Court of Arkansas; the case being this: On the 3d day of January, 1862, during the late rebellion, the Fourth District Court of New Orleans, (then held by a judge appointed by a military governor of Louisiana) issued a writ of attachment against.the steamer “ Thirty-fifth Parallel,” of which one Pennywit and certain other persons were owners; each owning a part. These owners had given a promissory note at New Orleans, on the 8th day of October, 1861, for $6795.71, to Eaton & Betterton. Bond with sureties was given, and the attachment was released. Judgment was subsequently rendered against the defendants personally for the amount of the note with interest. Suit was instituted upon this judgment against Pennywit, in a court of Pulaski County, iii Arkansas. The defence, was that at the time of the original suit; Pennywit ivas not a citizen of Louisiana, and had not been served with process, but that he was a citizen of Arkansas, then domiciled there, and had ever since remained such. The judgment of the Pulaski County Court was for the defendant, and on appeal taken by the plaintiffs, the judgment was reversed in the Supreme Court of the State. Iu the meantime Pennywit died, and the suit was revived against his executors, and judgment was rendered against them in pursuance of the mandate of the Supreme Coui’t. This latter judgment was affirmed in the Supreme Court, and the case ivas brought by writ of error to this court.