Buck v. Lee
Supreme Court of Arkansas
APPEAL from Pope Circuit Court. Hou. W. D\ Jacoway, Circuit Judge. reporter’s statement. On the sixth day of February, 1879, the appellant brought replevin before a justice of the peace in Pope county, against T. J. Lee and W. B Young and John E. Haile and J. E. Trentham, for two bales of cotton, alleged to be in their possession. He claimed them by virtue of a mortgage executed to him by Lee on the twelfth of March, 1878, on his crop to be raised that year.
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APPEAL from Pope Circuit Court. Hou. W. D\ Jacoway, Circuit Judge. reporter’s statement. On the sixth day of February, 1879, the appellant brought replevin before a justice of the peace in Pope county, against T. J. Lee and W. B Young and John E. Haile and J. E. Trentham, for two bales of cotton, alleged to be in their possession. He claimed them by virtue of a mortgage executed to him by Lee on the twelfth of March, 1878, on his crop to be raised that year. The defendant, .Trentham, claimed them by virtue of his landlord’s lien for rent of the land on which Lee raised the cotton. On the…
1Opinion of the CourtEakin, J.
The circuit court did not err in refusing to dismiss the appeal from the justice’s court, for want of a proper affidavit. The transcript sent up to the circuit court by the justice recites, that “the said defendant filed the affidavit required by law.”- There appears amongst the papers copied iuto the transcript, filed here, a paper purporting to be an affidavit of one of the defendants, Trentham, with the/«raí of the justice, and his note of the filing, dated of the same day, with the appeal. The affidavit states that the appeal is “ not asked for delay, but that justice may be done.” It is…
2Cited by7 opinions
- Latham v. First National BankSupreme Court of Arkansas · 1909
- J. T. Fargason Co. v. FurstCourt of Appeals for the Eighth Circuit · 1923
- White Sewing Machine Co. v. WoosterSupreme Court of Arkansas · 1899
- Noe v. LaytonSupreme Court of Arkansas · 1901
- Carraway v. PhippsSupreme Court of Arkansas · 1935
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