Brownfield v. Dudley E. Jones Co.
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; 1. A counterclaim for damages is allowable in replevin. 56 Ark. 450; 42 Ark. 100; 60 Id. 387; 34 Cyc. pp. 1417-1418. 2. Replevin suits may be transferred to chancery on motion. 56 Ark. 450; 42 Id. 100; 71 Id. 408; 73 Id. 464. A case on appeal from .the probate court cannot be transferred (70 Ark. 88), and in 46 Ark. 166 it was held there -was no Code provision for transfer in appeal cases from a justice of the…
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Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; 1. A counterclaim for damages is allowable in replevin. 56 Ark. 450; 42 Ark. 100; 60 Id. 387; 34 Cyc. pp. 1417-1418. 2. Replevin suits may be transferred to chancery on motion. 56 Ark. 450; 42 Id. 100; 71 Id. 408; 73 Id. 464. A case on appeal from .the probate court cannot be transferred (70 Ark. 88), and in 46 Ark. 166 it was held there -was no Code provision for transfer in appeal cases from a justice of the peace 'court. There is no statute forbidding such a transfer. Kirby’s Dig. § § 5995, 1282. 3. It was error to refuse…
1Opinion of the CourtFrauenthal, J.
This was an action of replevin originally instituted before a justice of the peace by Dudley E. Jones Company, the plaintiff below, for the recovery of a boiler and $100 damages for its detention. The property was sold ¡by the plaintiff to the defendant under a contract whereby part of the purchase money was paid and for the balance defendant executed a note in which it was stipulated that the title to the property should remain in the plaintiff until its payment. The note was past due and unpaid at the time of the institution of this suit.
The defendant admitted the execution of the note, but…
2Cases cited4 opinions
- Ames Iron Works v. ReaSupreme Court of Arkansas · 1892
- Ramsey v. CapshawSupreme Court of Arkansas · 1903
- Johnson v. St. Louis Butchers' Supply Co.Supreme Court of Arkansas · 1895
- Beauman v. Wells, Fargo & Co. ExpressSupreme Court of Arkansas · 1905
3Cited by7 opinions
- McLain v. BrewingtonSupreme Court of Arkansas · 1919
- Isbell-Brown Co. v. Stevens Grocer Co.Supreme Court of Arkansas · 1915
- Merideth v. MatthewsSupreme Court of Arkansas · 1915
- Bonnell v. SmithSupreme Court of Arkansas · 1995
- Chicago, Rock Island & Pacific Railway Co. v. Consumers Coal Co.Supreme Court of Arkansas · 1917
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