Stroud v. Conine
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. 8. Maples, Judge; STATEMENT BY THÍJ COURT. This action was commenced before a justice of the peace by A. J. Decker against H. L. Stroud to recover the sum of $375. A written complaint was filed and the foundation of the action was a written contract between the plaintiff and the defendant, set out in the complaint, which, in effect, recites that Stroud had sold to one Gregory a certain manufacturing plant for the sum of $25,000, payable…
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Appeal from Benton Circuit Court; J. 8. Maples, Judge; STATEMENT BY THÍJ COURT. This action was commenced before a justice of the peace by A. J. Decker against H. L. Stroud to recover the sum of $375. A written complaint was filed and the foundation of the action was a written contract between the plaintiff and the defendant, set out in the complaint, which, in effect, recites that Stroud had sold to one Gregory a certain manufacturing plant for the sum of $25,000, payable in annual installments of $5,000 each; that for the assistance given him by Decker in making the deal Stroud was to pay…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is contended by counsel for 'the defendant that the 'amount sued for was in excess of the jurisdiction of the justice of the peace and that his judgment was, therefore, void. In this contention we think counsel are right.
In Euling Case Law, volume 1, page 352, it is said: “A contract to pay money in installments is divisible in its nature, that is, each default in the payment of .'an installment may be the subject of an independent action provided it is brought before the next installment becomes due; but each action should include every installment due…
2Cases cited7 opinions
- Gregg v. HatcherSupreme Court of Arkansas · 1910
- Merchants & Planters Bank v. FitzgeraldSupreme Court of Arkansas · 1896
- Railway Co. v. StateSupreme Court of Arkansas · 1891
- Little Rock, Mississippi River & Texas Ry. v. ManeesSupreme Court of Arkansas · 1884
- Cathey v. BowenSupreme Court of Arkansas · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jones v. Morris Plan BankSupreme Court of Virginia · 1937
- Gran v. HaleSupreme Court of Arkansas · 1988
- Rosenstein v. HynsonCourt of Appeals of Maryland · 1929
- Brown & Hackney, Inc. v. StephensonSupreme Court of Arkansas · 1923
- Wirges v. BeanSupreme Court of Arkansas · 1964
1 more not listed; retrieve them via the Exa API.