Wilson v. Stark
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. F. T. Vaughan, Judge. STATEMENT. Stark recovered judgment against, Wilson before a justice-of the peace, and Wilson asked and was granted an appeal to the circuit court, and filed his affidavit and bond for appeal, but the affidavit was not signed by him, nor was there any jurat of the justice to it.. The papers and transcript from the justice’s docket were not filed in the circuit court within the time required by the statute.
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APPEAL from Pulaski Circuit Court. Hon. F. T. Vaughan, Judge. STATEMENT. Stark recovered judgment against, Wilson before a justice-of the peace, and Wilson asked and was granted an appeal to the circuit court, and filed his affidavit and bond for appeal, but the affidavit was not signed by him, nor was there any jurat of the justice to it.. The papers and transcript from the justice’s docket were not filed in the circuit court within the time required by the statute. In the circuit court the plaintiff filed his motion to dismiss the appeal for want of an affidavit; but the proof showing that…
1Opinion of the Court
OPINION.
Cockrill, C. J.
When an affidavit for an appeal from a judgment of a justice of the peace is filed, the judgment superseded and the appeal not perfected until the time prescribed by the statute has expired {Mansf. Dig , sec. £139), and a satisfactory excuse is not given for the delay, the judgment of the justice may be affirmed by the circuit court and judgment rendered against the sureties in the appeal bond. Smith v. Allen, 31 Ark, 268; McGehee v.Carroll, ib., 558; Hughes v. Wheat,32 ib., 292: Whittaker v.'Tracy, 41 ib., 259.
II. It is the appellant’s duty in such a case to see that…
2Cited by8 opinions
- Hart v. LequieuSupreme Court of Arkansas · 1913
- Smith & Shoptaw v. StantonSupreme Court of Arkansas · 1933
- Carden v. BaileySupreme Court of Arkansas · 1908
- Bates v. MitchellSupreme Court of Arkansas · 1910
- Marshall Motor Service v. Norm Co.Supreme Court of Arkansas · 1937
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