Cathey v. Bowen
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court. George M. Citapline, Judge. If the debt has been paid, plaintiff cannot maintain replevin. 35 Ark. 169; 3 Am. & Eng. Ene. Law, 205. Judgment is not in the alternative, and must be reversed. 35 Ark. 544; 29 Ark. 270; 14 Ark. 425; 19 Wis. 416. A judgment in the alternative was not required. Sand. & H. Dig., § 6398.
1Opinion of the CourtWood, J.
Bowen brought replevin in a justice’s court against Cathey for two bales of cotton, and recovered judgment. Cathey asked and was granted a new trial, but before the trial day came on he asked to withdraw his application for a new trial, which he was allowed to do, and then appealed to the circuit court. In the circuit court Bowen again recovered judgment, and Cathey appeals to this court. As grounds for reversal it is claimed: (1) That the verdict of the jury was contrary to the evidence; (2) that the court erred in its charge to the jury; (3) that the circuit court had no jurisdiction; (4)…
2Cases cited1 opinion
- Swantz v. PillowSupreme Court of Arkansas · 1887
3Cited by6 opinions
- Todd v. WebbSupreme Court of Oklahoma · 1928
- Shaver v. KappellasIndiana Court of Appeals · 1925
- Stroud v. ConineSupreme Court of Arkansas · 1914
- Miller v. GordonSupreme Court of Arkansas · 1926
- Bilby v. FoohsSupreme Court of Arkansas · 1909
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