Elder v. Crabtree
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. 1. An affidavit by one of the defendants is sufficient. Mansf. Dig. sec. 4135. 2. An appeal by one defendant takes the whole case to the higher court. Freeman on Judg. sec. 136; 10 Ark. 555. 3. It was error to dismiss the appeal, without allowing an amendment, or rule on the justice to perfect the transcript. Mansf.
Read the full summary
Appeal from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. 1. An affidavit by one of the defendants is sufficient. Mansf. Dig. sec. 4135. 2. An appeal by one defendant takes the whole case to the higher court. Freeman on Judg. sec. 136; 10 Ark. 555. 3. It was error to dismiss the appeal, without allowing an amendment, or rule on the justice to perfect the transcript. Mansf. Dig. sec. 4142; 33 Ark. 745 ; 13 id. 293 ; 47 id. 49. 4. Both parties appeared in the circuit court, both prayed an appeal, both answered, a jury was selected, and the cause was submitted on its…
1Opinion of the CourtBunn, C. J.
Appellee sued appellant and the St. Louis & San Francisco Railway Company, on an account for thirty-three dollars and thirty-three and one-third cents, before one of the justices of the peace of Sebastian county, and judgment was rendered by default against both of the defendants. The railroad company, by its attorney, B. R. Davidson, took an appeal by filing proper affidavit and bond. The cause came on for hearing in the circuit court, the defendants having answered ; and, while testimony was being taken, “the court ruled that the filing of the affidavit in this cause did not vest the…
2Cited by5 opinions
- Blass v. ErberSupreme Court of Arkansas · 1898
- Drainage District No. 7 v. StuartSupreme Court of Arkansas · 1912
- Arkansas Brick & Tile Co. v. CrabtreeSupreme Court of Arkansas · 1927
- Robert v. Superior CourtCalifornia Court of Appeal · 1918
- Worley v. River Oaks Water Improvement District No. 48Court of Appeals of Arkansas · 1999