Legal Opinion

Morton v. Linton

Supreme Court of Arkansas

Decided July 9, 1917PublishedCited by 2 opinions

Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The abstract of appellant shows what the issue was and enough of the evidence to show that it was a question of fact for a jury to determine. 89 Ark. 227. 2. The affidavit did not show on its face that the value of the property taken was less than $300; and if the testimony showed that the value was far in excess of that sum, the judgment of the justice was void.' 36 Ark. 272; 43 Id.

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Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The abstract of appellant shows what the issue was and enough of the evidence to show that it was a question of fact for a jury to determine. 89 Ark. 227. 2. The affidavit did not show on its face that the value of the property taken was less than $300; and if the testimony showed that the value was far in excess of that sum, the judgment of the justice was void.' 36 Ark. 272; 43 Id. Ill; 61 Id. 34. 3. No itemized statement of the account was rendered the mortgagor before suit. Kirby’s Digest, § 5415. The statute is mandatory. 92 Ark.…

1Opinion of the CourtHumphreys, J.

Appellant instituted suit against appellees in the .White Circuit Court on the 2d day of December, 1916, to recover $494.38, the alleged value of personal property seized under process issued out of a magistrate’s court; and $500, the alleged value of a crop appellant was prevented from raising in the year 1916, by reason of the seizure of said personal property.

It was alleged, in substance, that appellant executed a mortgage on the 26th day of January, 1915, to appellees upon certain personal property and a crop, described therein, with the right of possession in appellant until the maturity…

2Cases cited4 opinions

  1. McClure v. HillSupreme Court of Arkansas · 1880
  2. Lawhon v. CrowSupreme Court of Arkansas · 1909
  3. Oliver v. Ft. Smith Light & Traction Co.Supreme Court of Arkansas · 1909
  4. Atkinson v. BurtSupreme Court of Arkansas · 1898

3Cited by2 opinions

  1. Morton v. Linton & PlantSupreme Court of Arkansas · 1919
  2. Morton v. Linton & PlantSupreme Court of Arkansas · 1919

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