Ashby v. Milligan
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Dene H. Coleman, Judge; 1. The court, in sustaining the motion to quash could only act on the record of the justice, and the authority must appear from the face of the transcript.
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Appeal from Independence Circuit Court; Dene H. Coleman, Judge; 1. The court, in sustaining the motion to quash could only act on the record of the justice, and the authority must appear from the face of the transcript. The court erred in sustaining the motion. 21 Ark. 457. 2. Appellee waived his right by failing to file motion to quash, or other plea. 3 Ark. 436; 7 Id. 100; 48 Id. 100; 56 Id. 45. 3. By appealing, Milligan made himself a party. 1 Ark. 55; 45 Id. 295; 25 Id. 99; 87 Id. 230; 101 Id. 124; 85 Id. 431; 46 Id. 251. He also moved for a continuance. By filing said motion and a…
1Opinion of the CourtHart, J.
John Ashby sued Elmer Milligan before a justice of the peace in Independence county to recover the balance of the purchase money for certain corn which he alleges he sold to Milligan. Ashby recovered judgment against Milligan for $10, and the latter appealed to the circuit court.
■The- transcript of the justice of the peace shows that Milligan made a motion to dismiss the cause of action on the ground that he was a minor and that his motion was overruled. It is also shown that he demurred to the jurisdiction of the court on the ground that he was not a resident of the county. He then filed a…
2Cases cited6 opinions
- Gannon v. MooreSupreme Court of Arkansas · 1907
- Nunn v. RobertsonSupreme Court of Arkansas · 1906
- Jones v. TerrySupreme Court of Arkansas · 1884
- Townsly-Myrick Dry Goods Co. v. FullerSupreme Court of Arkansas · 1893
- Johnson v. JohnsonSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Peel v. KelleySupreme Court of Arkansas · 1980
- Markham v. EvansSupreme Court of Arkansas · 1965