Billingsley v. Adams
Supreme Court of Arkansas
Appeal from Izard Circuit Court; J. W. Meeks, Judge; 1. The affidavit for appeal and the payment of the fee for transcript is all that is requisite for an appeal. Kirby’s Digest, § 4666; 19 Ark. 647; 96 Id. 332. If there was no appeal, the circuit court had no jurisdiction, and the court erred in affirming the judgment. 19 Ark. 647; Kirby’s Digest, § 4664. 2. It was error to render judgment against the bondsmen.
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Appeal from Izard Circuit Court; J. W. Meeks, Judge; 1. The affidavit for appeal and the payment of the fee for transcript is all that is requisite for an appeal. Kirby’s Digest, § 4666; 19 Ark. 647; 96 Id. 332. If there was no appeal, the circuit court had no jurisdiction, and the court erred in affirming the judgment. 19 Ark. 647; Kirby’s Digest, § 4664. 2. It was error to render judgment against the bondsmen. Kirby’s Digest, § 4666; 19 Ark. 647. 3. The taking of an appeal consists of filing an affidavit with the justice. Kirby’s Digest, § 4666, subd. 1, and § § 4667, 4670-2-6-7; 67 Ark.…
1Opinion of the CourtMcCulloch, C. J.
Appellee sued appellant on a promissory note before a justice of the peace, and recovered a judgment, from which an appeal was taken to the circuit court. At the first term of the circuit court there were no proceedings in the cause, except that on application of appellant the cause was continued to the next term; and at the next term appellee moved for dismissal of the appeal on the ground that no affidavit for appeal had been filed. Appellant offered to file a substituted affidavit, but the court denied the request on the ground that no affidavit had been filed with the justice of the…
2Cases cited1 opinion
- Merrill v. ManeesSupreme Court of Arkansas · 1858
3Cited by10 opinions
- Adams v. BillingsleySupreme Court of Arkansas · 1913
- Rural Single School Districts Nos. 2, 3 & 4 v. Lake City Special School DistrictSupreme Court of Arkansas · 1920
- Heard v. McCabeSupreme Court of Arkansas · 1917
- Armstrong v. LawsonSupreme Court of Arkansas · 1917
- Arkansas Brick & Tile Co. v. CrabtreeSupreme Court of Arkansas · 1927
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