Polk v. Sparks
Supreme Court of Arkansas
Appeal from Olay Circuit Court, Western District; W. J. Driver, Judge; This court has repeatedly held that the transcript of the justice of the peace must be filed “on or before the first day of the circuit court next after the appeal shall have been allowed” by him, and that it is the duty of the appellant to see that the statute is complied with.
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Appeal from Olay Circuit Court, Western District; W. J. Driver, Judge; This court has repeatedly held that the transcript of the justice of the peace must be filed “on or before the first day of the circuit court next after the appeal shall have been allowed” by him, and that it is the duty of the appellant to see that the statute is complied with. Kirby’s Dig., § 4670; 31 Ark. 268; Id. 550; 32 Ark. 292; 87 Ark. 230; 112 S. W. 743; 161 S. W. 201. The appeal was .allowed by the justice of the peace just three days before the time for the first division of the circuit court of Clay County,…
1Opinion of the CourtHart, J.
Appellee executed a mortgage to appellants on certain personal property to .secure an indebtedness for $250.00 due by him to them. This suit is an action of replevin by appellants against appellee to recover the property embraced in the mortgage. Appellant recovered judgment before the justice of the peace and appellee .appealed to the first division of the circuit court of Clay County for the Western District. The appeal was granted on the 27th day of March, 1912, and 'the first division of the circuit court of Clay County for the Western District convened on the 1st day of April, 1912,…
2Cases cited4 opinions
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