
    Wootson L. Gunnels, plaintiff in error, vs. Isaac B. Deavours, defendant in error.
    A justice of the peace having certain notes in his hands for suit, the defendant acknowledged, in writing, on the back of the notes, thus: “I acknowledge service on the within notes.” The justice issued no summons, but entered the cases on his docket, and on his court-day, he being sick, sent his docket to a friend with the papers, who. entered judgment in the cases, the magistrate not being present,'and the defendant not appearing. Subsequently the defendant paid to the plaintiff a part of the debt, and it was agreed that the executions should be stayed for twelve months:
    
      Held, that the judgments were void, and that’there was nothing in the subsequent payment and agreement to estop the defendant from denying their validity.
   McCay, Judge.  