Geo. E. Keith Co. v. January
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. 8. Maples, Judge; It was error to dismiss the appeal. It was filed in time. If there was delay it was caused by the justice. Kirby’s Digest, § 4666. No prejudice is shown to appellee and the court abused its discretion. The appeal was properly dismissed. Kirby’s Digest, § 4676. It was appellant’s duty to see that the transcript was filed in time. 110 Ark. 284; 161 S. W. 201; 96 Ark. 555; 132 S. W. -917; 48 Ark. 73; 2 S. W. 346.
1Opinion of the CourtWood, J.
This cause was tried in a justice of the peace court on September 6, 1916. Plaintiff gave notice of appeal, and an affidavit for appeal was filed on September 12, 1916. The circuit court convened on September 18, 1916. The transcript of the justice’s docket relating to the cause was filed on March 8, 1917. The defendant moved the court to dismiss .the appeal, which motion was granted, and from a judgment dismissing the appeal the cause is here.
The statute provides that on or before the first day of the circuit court next after the appeal shall have been allowed the justice shall file in the…
2Cases cited5 opinions
- Hart v. LequieuSupreme Court of Arkansas · 1913
- Hughes v. WheatSupreme Court of Arkansas · 1877
- Carden v. BaileySupreme Court of Arkansas · 1908
- Wilson v. StarkSupreme Court of Arkansas · 1886
- Bates v. MitchellSupreme Court of Arkansas · 1910
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