Bowser Furniture Co. v. Johnson
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court ¡Eugene Lank-ford, Judge; 1. A judgment necessarily follows the pleadings and proof, and takes its coloring 'and meaning from the pleadings. Originating in a justice of the peace court, it was only necessary to file an affidavit for replevin and get an order of delivery. The affidavit is for replevin, and the judgment of the circuit court recites that “if the furniture involved in this suit be returned within thirty days” etc.
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Appeal from Faulkner Circuit Court ¡Eugene Lank-ford, Judge; 1. A judgment necessarily follows the pleadings and proof, and takes its coloring 'and meaning from the pleadings. Originating in a justice of the peace court, it was only necessary to file an affidavit for replevin and get an order of delivery. The affidavit is for replevin, and the judgment of the circuit court recites that “if the furniture involved in this suit be returned within thirty days” etc. This shows that the subject-matter of the suit was replevin, and that the judgment was a replevin judgment. 2 Enc. PL & Pr. 868, 870,…
1Opinion of the CourtSmith, J.
Upon the trial of this cause in the court below the following judgment was rendered:
“* ■ * * This cause was submitted to the court sitting as a jury, and the testimony of the witnesses was heard, and the court being ivell and sufficiently advised, it is by the court considered, ordered and adjudged that the plaintiff have and recover of and from defendant the sum of $60.25, principal, and $10.80 interest, being a total of $71.05, and all the costs of this cause; and it is further considered, ordered and adjudged by the court that if the furniture involved in this suit be returned by the…
2Cases cited4 opinions
- Spear v. Arkansas National BankSupreme Court of Arkansas · 1914
- Swantz v. PillowSupreme Court of Arkansas · 1887
- Hawes v. RobinsonSupreme Court of Arkansas · 1884
- Smith v. RagsdaleSupreme Court of Arkansas · 1880
3Cited by6 opinions
- Kirby v. YoungSupreme Court of Arkansas · 1920
- Coblentz & Logsdon v. L. D. Powell Co.Supreme Court of Arkansas · 1921
- Jones v. KeebeySupreme Court of Arkansas · 1923
- American Can Co. v. WhiteSupreme Court of Arkansas · 1917
- McCoy & Son v. AtkinsSupreme Court of Arkansas · 1926
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