Katz v. Goldman
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court. Jambs S. Thomas, Judge. No written motion is necessary for an appeal from the common pleas.court to the circuit court. Acts 1887, pp. 74— 79, § 12; Sand. & H. Dig., § 5889; 41 Cal. 650; 3 Estee, PI. &Forms,. 146; 15 Am. & Eng. Enc. Law, 892; Abbott’s Law Dictionary. The steps .set out in the statute for the taking of an appeal are 'directory.
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Appeal from Arkansas Circuit Court. Jambs S. Thomas, Judge. No written motion is necessary for an appeal from the common pleas.court to the circuit court. Acts 1887, pp. 74— 79, § 12; Sand. & H. Dig., § 5889; 41 Cal. 650; 3 Estee, PI. &Forms,. 146; 15 Am. & Eng. Enc. Law, 892; Abbott’s Law Dictionary. The steps .set out in the statute for the taking of an appeal are 'directory. The affidavit takes the place of the motion. 47 Ark. 31; 50 ib.. 444. The presump-' tion is in favor of the correctness of the entries on the records of the court of common pleas. 53 Ark. 476. The law regulating the…
1Opinion of the CourtBunn, C. J.
This is a suit begun by Ernestine Katz in one of the ¡justice-of-the-peaee courts of Arkansas county to establish a landlord’s lien, and for rent. On motion the case was transferred to the common pleas court of that county, where Goldman & Co. filed their interplea, claiming the property by virtue of a mortgage.
The case was tried by the court sitting as a jury, and judgment was given to the interpleaders for so much of the property as would satisfy their debt, and for plaintiff and against defendant for a certain amount. The property was ordered sold, and the proceeds to be applied, first, to…
2Cases cited1 opinion
- Ferguson v. DoxeySupreme Court of Arkansas · 1878
3Cited by2 opinions
- Hill v. Aetna Ins. Co.Supreme Court of Arkansas · 1929
- Horton v. GillespieSupreme Court of Arkansas · 1926