Cave v. Smith
Supreme Court of Arkansas
Appeal from Boone Circuit Court; George W. Reed, Judge; 1. The judgment was appealable. There is no exception in the statute authorizing appeals from judgments of justices of the peace except “a dismissal for want of prosecution.” Kirby’s Digest, § 4665. If it had been the intention of the lawmakers to exclude judgments by consent, by confession or by default from appealable judgments, they would have expressed that intention in the statute.
Read the full summary
Appeal from Boone Circuit Court; George W. Reed, Judge; 1. The judgment was appealable. There is no exception in the statute authorizing appeals from judgments of justices of the peace except “a dismissal for want of prosecution.” Kirby’s Digest, § 4665. If it had been the intention of the lawmakers to exclude judgments by consent, by confession or by default from appealable judgments, they would have expressed that intention in the statute. This court holds that appeals from all judgments of justices of the peace to the circuit court are allowed as a matter of absolute right, regardless of…
1Opinion of the CourtHart, J.
This suit was brought in a justice’s court by T. J. and A. W. Smith against D. W. Cave to recover $13.50 alleged to be due on account. The judgment of the justice, after stating the fact that both parties were present in person, recites: “And the defendant acknowledged service of the summons, and without any further proceedings the defendant asked the court to enter judgment against him for said sum sued on $13.50, and then filed affidavit and bond for an appeal to the circuit court,” etc.
On motion of the plaintiffs, the circuit court dismissed the appeal, and 'the defendant has appealed from…
2Cases cited2 opinions
- Walker v. WillsSupreme Court of Arkansas · 1843
- Jeffries v. MorganSupreme Court of Arkansas · 1838
3Cited by4 opinions
- Watson v. WhiteSupreme Court of Arkansas · 1950
- McCall Co. v. SmithSupreme Court of Arkansas · 1915
- Budget Tire & Supply Co. v. First National Bank of Fort SmithCourt of Appeals of Arkansas · 1996
- Farm Bureau Mutual Insurance v. Riverside Marine Remanufacturing, Inc.Supreme Court of Arkansas · 1983