Damon v. Hammonds
Supreme Court of Arkansas
Appeal from Yell Chancery Court. Jeremiah G. Waeeace, Chancellor. The copy of the record presented is sufficient for appeal. 26 Ark. 414; 47 Ark. 49. If the appeal is not taken in time, there is no appeal. 69 Ark. 283.- An appeal is granted as a matter of right, and may be granted by the clerk of this court at any time within one year from the rendition of the judgment. 14 Bush, 216; Kirby’s Dig. § 1196; 80 Ky. 216; 95 Ky. 342; 4 Ky. 449; 2 Cyc. 807. Where an appeal is…
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Appeal from Yell Chancery Court. Jeremiah G. Waeeace, Chancellor. The copy of the record presented is sufficient for appeal. 26 Ark. 414; 47 Ark. 49. If the appeal is not taken in time, there is no appeal. 69 Ark. 283.- An appeal is granted as a matter of right, and may be granted by the clerk of this court at any time within one year from the rendition of the judgment. 14 Bush, 216; Kirby’s Dig. § 1196; 80 Ky. 216; 95 Ky. 342; 4 Ky. 449; 2 Cyc. 807. Where an appeal is regularly taken, the court hás no authority to dismiss without a hearing. 2 Enc. PI. & Pr. 209, 345; 81 S. W. 609; 4 Tex. 148.
1Opinion of the CourtHill, C. J.
The appellees have proceeded under Rule 7 to obtain an affirmance of the judgment below and judgment here on the supersedeas bond. They are entitled to it, unless á subsequent appeal granted by the clerk of this court has preserved the case here for decision.
Appeals granted by the lower court must be perfected within ninety days by filing an authenticated copy of the record in this court. Kirby’s Dig. § 1194. The failure to perfect the appeal granted by the lower court does not terminate the right of appeal. An appeal may be granted by the clerk of this court at any time within one year after…
2Cases cited2 opinions
- Robinson v. Arkansas Loan & Trust Co.Supreme Court of Arkansas · 1904
- Spratlin v. HallerSupreme Court of Arkansas · 1901
3Cited by4 opinions
- Pearce v. People's Savings Bank & Trust Co.Supreme Court of Arkansas · 1922
- Osborn v. LeMaireSupreme Court of Arkansas · 1907
- McLaughlin v. MorrisSupreme Court of Arkansas · 1921
- North State Fire Insurance v. DillardSupreme Court of Arkansas · 1908