SUPREME COURT OF ARKANSAS,

 JANUARY TERM. lS44.
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The decisions ot the Supreme Court, at the January

 Term, aoiH be reported for he Bonner, by

 J. E. KNIGHT, Attorney ct Law

 January 8. SHEPPARD & PITTMAN, us. HILLS, .4dm'r.

 Per SEBAsTIAN,J This was an action in assumpsit by defendants against plaintiffs in error, in Washington circuit court, upon promissory note, upon which there was judgment by default The form of legal service was endorsed upon the original writ, but not signed by the Sheriff or by any other person. The signing of the return is neces- sary, and positively required by the statute. Reu. Code, page 622, sec. 20, and the oms sion to do so by the Sheriff or proper officer, constitutes it, in legal contemplation, mere nullity, imposing no obligation upon the per- son named therein, to answer the action. A judgment by default, endorsed in such case, comes within the principles adjudicated in this court in the cases of Gilbrath US. Kuy- kendall, Ark. Rep. 50: Webb us. More house, Ark. Rep. 26l ; Dawsom, ct d. us tue Real Estate Bank, i'd. 505, and conse- quently unauthorized and void. The decis- ion of the question renders it unnecessary to consider the remaining proceedings in the cause.

 The judgment of the circuit court must therefore be reversed, with costs the cause remanded, and proceedings thereon to be had, as though the process had been legally served. CRoss & DILLARD, Admr's., IS. BARNES.

 Per RINGo, c. J.-JAN. 9. The defend- ant in error exhibited to one of the admnis- trators of the estate of Willis billiard, decd, a certain demand against said intestate, proved by the affidavit of himself and others, which was admitted, allowed, and classed by said administrators, as belonging to the fifth class of demands, payable out of said estate. The demand thus proved, admitted, and classed, the defendant caused to be filed in the office of the clerk of the Probate court of Hemp stead county, and thereupon, subsequently, moved said court to class his demand, and cause the clerk to note the same of record, but the court refused to class the said de- mand, and overruled his motion therefor, and heexcepted to the decision ofthe court over ruling said motion, and prayed an appeal therefrom, to the circuit court, which was granted.

 The circuit court, on the adjudication of