Wadkins v. Merchants' Bank
Supreme Court of Arkansas
Appeal from Polk Chancery Court; James D. Shaver, Chancellor; 1. A judgment of a justice of the peace can not be superseded after the expiration of 30 days from the rendition of the judgment. Kibby’s Digest, § § 4665, 4666, and 4667. 2. The chancery court was without jurisdiction, the appellee having a full and complete remedy at law. 52 Ark. 445; 34 Ark. 354; Id. 291; Kirby’s Digest, § 3224; 8 Ark. 52; 58 Ark. 314; 48 Ark. 510; Id. 331.
1Opinion of the CourtFrauenThae, J.
This was an action instituted by the appellee in the chancery court to restrain the execution of a judgment recovered before a justice of the peace, pending an appeal from .said judgment. In the complaint it was alleged that the judgment was recovered against appellee before the justice of the peace on November 30, 1909, and that on the same day the appellee filed with the justice of the peace an affidavit and prayer for appeal, but did not then file an appeal bond superseding the execution of the judgment. On December 31, 1909, an execution was issued on said judgment, and duly placed in the…
2Cases cited8 opinions
- Atkins v. SwopeSupreme Court of Arkansas · 1882
- Brady v. HamlettSupreme Court of Arkansas · 1878
- Dale v. BlandSupreme Court of Arkansas · 1910
- Joyner v. HallSupreme Court of Arkansas · 1880
- King v. ClaySupreme Court of Arkansas · 1879
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3Cited by2 opinions
- Arkansas State Highway Commission v. MunsonSupreme Court of Arkansas · 1988
- Radford v. SamstagSupreme Court of Arkansas · 1914