Carden v. Bailey
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Edward W. Winfield, Judge; STATEMENT by the court. This is an action of attachment instituted against appellee on July 25, 1905, in a justice of the peace court. Defendant was alleged to have left the State; therefore a warning order was issued, and proof of publication filed with the justice. A personal judgment was, on the 25th day of September, 1905, rendered against defendant by the justice of the peace.
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Appeal from Pulaski Circuit Court, Second Division; Edward W. Winfield, Judge; STATEMENT by the court. This is an action of attachment instituted against appellee on July 25, 1905, in a justice of the peace court. Defendant was alleged to have left the State; therefore a warning order was issued, and proof of publication filed with the justice. A personal judgment was, on the 25th day of September, 1905, rendered against defendant by the justice of the peace. On the 6th day of October, 1905, the defendant filed an affidavit for appeal to the circuit court; also an appeal bond in the sum of…
1Opinion of the Court
Wood, J.,
(after stating the facts). The filing of the affidavit and bond for appeal by the appellees was such a substantial act as to constitute an appearance to the proceedings, and gave the circuit court jurisdiction of the persons of appellees on appeal. See Holloway v. Holloway, 85 Ark. 431; St Louis, I. M. & S. Ry. Co. v. State, 68 Ark. 561; Silver v. Luck, 42 Ark. 268. The perfecting of the appeal from the justice of the peace gave the circuit court jurisdiction of the cause. Harrison v. Trader, 29 Ark. 85, 97. In the circuit court on appeal from the justice’s court, the cause is tried…
2Cases cited10 opinions
- Harrison v. TraderSupreme Court of Arkansas · 1874
- Saint Louis, Iron Mountain & Southern Railway Co. v. StateSupreme Court of Arkansas · 1901
- Smith v. AllenSupreme Court of Arkansas · 1876
- Hughes v. WheatSupreme Court of Arkansas · 1877
- Holloway v. HollowaySupreme Court of Arkansas · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Byler v. StateSupreme Court of Arkansas · 1946
- Bridgman v. JohnsonSupreme Court of Arkansas · 1940
- Mercer v. Motor Wheel CorporationSupreme Court of Arkansas · 1928
- Cox Investment Co. v. Major Stave Co.Supreme Court of Arkansas · 1917
- Marshall Motor Service v. Norm Co.Supreme Court of Arkansas · 1937
4 more not listed; retrieve them via the Exa API.