Crenshaw v. Bradley
Supreme Court of Arkansas
APPEAL from Desha Circuit Court. John A. Williams, Judge. Bradley brought an action of replevin in a justice’s court against Crenshaw, for three bales of cotton. The judgment of the justice was in favor of the defendant and the plaintiff prayed an appeal, which was granted without any affidavit therefor having been filed.
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APPEAL from Desha Circuit Court. John A. Williams, Judge. Bradley brought an action of replevin in a justice’s court against Crenshaw, for three bales of cotton. The judgment of the justice was in favor of the defendant and the plaintiff prayed an appeal, which was granted without any affidavit therefor having been filed. In the Circuit Court no motion was made to dismiss the appeal, and in a trial had there the verdict and judgment were for the plaintiff, and the defendant appealed. 1 An affidavit is an essential pre-requisite in an appeal from a Justice of the Peace. Mans/. Dig., sec. 4133;…
1Per curiam
appeals: Waiver The appellant having failed to move the Circuit Court to dismiss the appeal for want of an affidavit for appeal, cannot be heard to raise the objection here. Wilson v. Dean, 10 Ark., 309; James v. Dyer, 31 Ark., 489.
Burden of proff. There was no proof that the defendant held the cotton as security for payment of a lien upon it, as counsel argues-Without denying the plaintiff’s title, he undertook to prove that he held the cotton by virtue of an agreement made with the plaintiff to the effect that he should sell it, and out of the proceeds pay the residue of an account which he…
2Cited by3 opinions
- Ex parte MortonSupreme Court of Arkansas · 1900
- Stricklin v. GallowaySupreme Court of Arkansas · 1911
- Drainage District No. 7 v. StuartSupreme Court of Arkansas · 1912