Roblin v. Jenkins
Supreme Court of Arkansas
Appeal from Carroll Circuit Court: Joseph S. Maples, Judge; 1. On appeal from a justice of the peace, when the defendant appears by attorney, and announces ready for trial, he is entitled to have a 'trial de novo, and under such circumstances it is error'for the court to have the defendant called and, on failure of defendant to appear in person, to pronounce judgment against him as by default.
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Appeal from Carroll Circuit Court: Joseph S. Maples, Judge; 1. On appeal from a justice of the peace, when the defendant appears by attorney, and announces ready for trial, he is entitled to have a 'trial de novo, and under such circumstances it is error'for the court to have the defendant called and, on failure of defendant to appear in person, to pronounce judgment against him as by default. Kirby’s Digest, § § 4684, 4599; 44 Ark. 379. 2. The circuit court is without authority to affirm a judgment of a justice of the peace, without having before it an authenticated transcript of the justice…
1Opinion of the CourtRiddick, J.
The facts in this case are as follows: William Jenkins brought an action before a justice of the peace against D. H. Roblin and Caroline E. Roblin to recover the sum of $300 for effecting the sale of a hotel in Eureka Springs^ belonging to defendants and known as the Chatauqua House.
On the trial before the justice of the peace the jury returned a verdict in favor of the plaintiff for the sum of $300. Judgment was rendered accordingly, and defendants appealed to the circuit court. Afterwards the defendants filed a motion in the circuit court for a change of venue, and the venue was-changed to…
2Cases cited2 opinions
- London v. HutchensSupreme Court of Arkansas · 1906
- Trammell v. BassettSupreme Court of Arkansas · 1866