Legal Opinion

Hines v. Stephens

Supreme Court of Arkansas

Decided May 24, 1909PublishedCited by 1 opinion

Appeal from Clay Circuit Court, Western District; Prank Smith, Judge; 1. Where the verdict is contrary both to the evidence and the instruction of the court, it will be set aside on appeal. 44 Ark. 259; 49 Ark. 381. 2. The appeal from the justice of the peace court as to Stephens should have been dismissed, because he prayed no appeal, did not know of the suit, and could not, under the facts, have authorized any one to pray an appeal for him.

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Appeal from Clay Circuit Court, Western District; Prank Smith, Judge; 1. Where the verdict is contrary both to the evidence and the instruction of the court, it will be set aside on appeal. 44 Ark. 259; 49 Ark. 381. 2. The appeal from the justice of the peace court as to Stephens should have been dismissed, because he prayed no appeal, did not know of the suit, and could not, under the facts, have authorized any one to pray an appeal for him. Kirby’s Dig. § 4660; 70 Ark. 349. 1. If there is evidence to support the verdict, even though it appear to be against the preponderance, this court will…

1Opinion of the CourtMcCulloch, C. J.

Appellant Hines sued Stephens before a justice of the peace of Clay County on an account, in the sum of $103.14, for supplies alleged to have been furnished to the' latter as the tenant of appellant to enable him to make a crop on appellant’s land. A landlord’s attachment was sued out and levied. • r

Dudgeon & Eindsey filed an interplea, claiming the attached property. Appellee Stephens failed to appear before the justice of the peace, and that court rendered judgment against him in favor of appellant for the -full amount claimed, and sustained the attachment, and also found against said…

2Cited by1 opinion

  1. Greer v. JoyceSupreme Court of Arkansas · 1919

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