Burgess v. Poole
Supreme Court of Arkansas
APPEAL from Union Circuit Court. Hon. B. F. Askew, Circuit Judge. The appelleé, by voluntarily making himself a party to the first suit, became bound by the result, and on the dismissal of his appeal in the circuit court the judgment of the justice, which was against him, stood affirmed and in full force until reversal. In the second suit the plea of res adjudicata or former recovery should have been sustained.
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APPEAL from Union Circuit Court. Hon. B. F. Askew, Circuit Judge. The appelleé, by voluntarily making himself a party to the first suit, became bound by the result, and on the dismissal of his appeal in the circuit court the judgment of the justice, which was against him, stood affirmed and in full force until reversal. In the second suit the plea of res adjudicata or former recovery should have been sustained. The appellee was a party to the first suit in the manner prescribed by law. He appealed,- dismissed his appeal, and the justice’s judgment thereby became conclusive. Argue upon the…
1Opinion of the CourtSmith, J.
Burgess and Poole held separate mortgages upon the crop of cotton to be produced by Merrick Williams in the year 1880, in Union county. In December of that year Williams, the mortgagor, brought replevin before a justice of the peace, against Burgess, for four bales of that crop. On the day of trial, Poole appeared before the justice and expressed his desire to intervene for the property. He was informed that the law had made no provision for an interplea in this class of actions, but that he could make himself a party. He was accordingly, upon his own application, admitted as a co-plaintiff,…
2Cited by8 opinions
- Wright v. City of Little RockSupreme Court of Arkansas · 2006
- Wilson v. C & M Used CarsCourt of Appeals of Arkansas · 1994
- Sample v. ManningSupreme Court of Arkansas · 1925
- Brenard Manufacturing Company v. PateSupreme Court of Arkansas · 1928
- Swint v. StateSupreme Court of Arkansas · 2004
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