Woolverton v. Freeman
Supreme Court of Arkansas
Appeal from Conway Circuit Court;-William E. Moose, Judge; STATEMENT BY THE COURT. This is a garnishment proceeding, originally brought in justice court by appellant against the appellee in an effort to collect* a judgment, interest and cost, all amounting to about $25, due from Dick Freeman, appellee’s husband, to appellant.
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Appeal from Conway Circuit Court;-William E. Moose, Judge; STATEMENT BY THE COURT. This is a garnishment proceeding, originally brought in justice court by appellant against the appellee in an effort to collect* a judgment, interest and cost, all amounting to about $25, due from Dick Freeman, appellee’s husband, to appellant. The pleadings making up the issues in the cause consist of the allegations and interrogatories filed by the appellant, appellee’s answer thereto, and appellant’s denial or objection thereto of record. Appellee, having previously filed her answer, did not appear in…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The issues were made by the filing of the allegation and interrogatories in the justice’s court and appellee’s answer thereto. These were the issues before the circuit court on appeal, and they were correctly stated in appellant’s first and second prayers for instructions.
The circuit court on appeal acquires such jurisdiction as the justice had, and. can render only such judgment upon the pleadings and proof as the justice could or should have rendered. Kirby’s Digest, § 4682; Whitesides v. Kershaw 44 Ark. 377.
The third and fourth prayers were not…
2Cases cited2 opinions
- Haebler v. . MyersNew York Court of Appeals · 1892
- Whitesides v. KershawSupreme Court of Arkansas · 1884
3Cited by4 opinions
- Rockefeller v. HogueSupreme Court of Arkansas · 1969
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Arkansas · 1908
- Greer v. JoyceSupreme Court of Arkansas · 1919
- Mahan v. ParksSupreme Court of Arkansas · 1952