Howell v. Milligan
Supreme Court of Arkansas
Appeal from, Lawrence Circuit Court. The facts are stated in the opinion of the court. The instrument set out in the pleas of justification, is a covenant. Dillard v. Evans, 4 Ark. 175. Sims v. Whitlock, 5 ib. 103. Fortenbury v. Tunstall, ib. 263. Gregory v. Bewley, ib. 320. Campbell v. Weisterr, 1 Litt. 30. Chambers v. George, 5 Litt. 335. And as the amount claimed in the suit before the justice exceeded the sum of one hundred dollars, {Amend.
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Appeal from, Lawrence Circuit Court. The facts are stated in the opinion of the court. The instrument set out in the pleas of justification, is a covenant. Dillard v. Evans, 4 Ark. 175. Sims v. Whitlock, 5 ib. 103. Fortenbury v. Tunstall, ib. 263. Gregory v. Bewley, ib. 320. Campbell v. Weisterr, 1 Litt. 30. Chambers v. George, 5 Litt. 335. And as the amount claimed in the suit before the justice exceeded the sum of one hundred dollars, {Amend. Const. 3, Dig. 71; 640 sec. 8; 3 Ark. 261; 4 ib. 518; 5 Eng. 332; 2 Ark. 169, 392; 1 Bibb 342, 402; 2 Eng. 262; 3 ib. 414,) the justice of the peace…
1Opinion of the CourtJustice Walker
This was an action of trespass for taking and converting the goods of the plaintiff. The defendant attempted to justify the taking under process from a justice of the peace. The pleas are formal, but the objection urged on demurrer is that the cause of action, on which the action before the justice was brought and on which judgment was rendered, was a matter of contract where the sum claimed exceeded one hundred dollars. The defendant admits'that, if this be true, his defence is not good, but he insists that the amount claimed does not exceed one hundred dollars. So that the only question at…
2Cases cited1 opinion
- Fisher v. HallSupreme Court of Arkansas · 1839