Legal Opinion

Wood v. Keith

Supreme Court of Arkansas

Decided April 20, 1895PublishedCited by 11 opinions

Appeal from Franklin Circuit Court, .Ozark District. J. Virg-ie Boureand, Special Judge. STATEMENT BY THE COURT. Tbe plaintiff, J. A. Keith, filed his complaint in replevin, in the Bogan circuit court, against the defendant, O. C. Wood, as sheriff, and his deputy, for the recovery of a stock of goods held by the defendant sheriff under and by virtue of a writ of attachment issued out of said circuit court in a cause wherein the defendant, Townsly-Myrick Dry Goods Company,…

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Appeal from Franklin Circuit Court, .Ozark District. J. Virg-ie Boureand, Special Judge. STATEMENT BY THE COURT. Tbe plaintiff, J. A. Keith, filed his complaint in replevin, in the Bogan circuit court, against the defendant, O. C. Wood, as sheriff, and his deputy, for the recovery of a stock of goods held by the defendant sheriff under and by virtue of a writ of attachment issued out of said circuit court in a cause wherein the defendant, Townsly-Myrick Dry Goods Company, was plaintiff, and one A. J. Burke was defendant; the plaintiff claiming to be the owner of said stock of goods by virtue…

1Opinion of the Court

BUNN, C. 3.

1. Judge should not act as counsel. (after stating the facts.) The first question that confronts us in this case is that raised by the appearance of the regular circuit judge as counsel for plaintiff, and the overruling of defendant's objection to the same by the court. Section 25, article 7, of the constitution is in these words, to-wit: "The judges of the Supreme, circuit or chancery courts shall not, during their continuance in office, practice law or appear as counsel in any court, State or Federal, within this State.” It is contended by the appellee’s counsel in argument that…

2Cases cited3 opinions

  1. Bashford v. PeopleMichigan Supreme Court · 1872
  2. Bryant & Co. v. FinkSupreme Court of Iowa · 1888
  3. Hiner v. HawkinsSupreme Court of Arkansas · 1894

3Cited by11 opinions

  1. State v. NagelOregon Supreme Court · 1948
  2. Cady v. LangSupreme Court of Vermont · 1921
  3. Lilly v. StateCourt of Criminal Appeals of Oklahoma · 1912
  4. Aldridge v. CappsSupreme Court of Oklahoma · 1916
  5. Carl & Tobey Co. v. Beal & Fletcher Co.Supreme Court of Arkansas · 1897

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