Kilgore Lumber Co. v. Thomas
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge;- STATEMENT BY THE COURT. Thomas & Hammonds, sued the Kilgore Lumber Company before a justice of the peace for the sum of $247.43, alleged to be due on an account for lumber. The defendant filed the following answer and counterclaim: “Defendants deny that they are indebted to plaintiffs in the sum of $247.43 or in any other sum. “II.
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge;- STATEMENT BY THE COURT. Thomas & Hammonds, sued the Kilgore Lumber Company before a justice of the peace for the sum of $247.43, alleged to be due on an account for lumber. The defendant filed the following answer and counterclaim: “Defendants deny that they are indebted to plaintiffs in the sum of $247.43 or in any other sum. “II. They allege that plaintiffs and defendants entered into a contract by which plaintiffs were to cut and deliver to defendants the timber on certain lands described in the contract, owned by the defendants, at…
1Opinion of the Court
Hart, J.,
(after stating the facts). In matters of contract justices of the peace have jurisdiction where the amount in controversy does not exceed the sum of three hundred dollars, exclusive of interest. Const. 1874, art. 7, § 40.
Section 4605 of Kirby’s Digest reads as follows: “A setoff or counterclaim, though exceeding in amount the jurisdiction of the court, may be used to bar and extinguish the demand of the plaintiff; but no judgment shall be rendered in favor of the defendant for the excess, unless such excess is within the limits of the court’s jurisdiction as to amount. The -judgment…
2Cases cited2 opinions
- Hunton v. LuceSupreme Court of Arkansas · 1895
- Bunch v. PottsSupreme Court of Arkansas · 1893
3Cited by9 opinions
- County of San Bernardino v. WayCalifornia Supreme Court · 1941
- Kilgore Lumber Co. v. ThomasSupreme Court of Arkansas · 1911
- Jones v. BlytheSupreme Court of Arkansas · 1919
- Barron-Fisher-Caudill Co. v. RhodaSupreme Court of Arkansas · 1917
- Deans v. LeggSupreme Court of Arkansas · 1932
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