Barron-Fisher-Caudill Co. v. Rhoda
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; 1. The court had no jurisdiction of appellee’s cross-complaint. His claim was in excess of $300.00, exclusive of interest. The amount of the-demand or claim governs; not the amount recovered. 44 Ark. 100; 13 Id. 40; 103 Id. 143; 95 Id. 43; 57 Id. 266; 50 Id. 380; 64 Id. 551; 77 Id. 582; 111 Id. 352. 2. The court erred in its instructions.
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Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; 1. The court had no jurisdiction of appellee’s cross-complaint. His claim was in excess of $300.00, exclusive of interest. The amount of the-demand or claim governs; not the amount recovered. 44 Ark. 100; 13 Id. 40; 103 Id. 143; 95 Id. 43; 57 Id. 266; 50 Id. 380; 64 Id. 551; 77 Id. 582; 111 Id. 352. 2. The court erred in its instructions. The value of the mules was what they sold for. 86 N. W. 25. 3. The checks all bore the words “in full for clearing,” etc. Appellee after accepting them cannot be heard to say…
1Opinion of the CourtHumphreys, J.
Appellant was the owner of a note and mortgage executed by W. O. Rhoda to secure a note for $250 and interest, on two mules. The appellant brought suit in replevin before H. C. Hall, a justice of the peace of Chickasawba Township, Mississippi county, Ark., to recover possession of said mules, in order that appellant might sell them under the mortgage to satisfy said indebtedness. A bond was given and the mules were seized and sold for the sum of $186.00. The replevin suit was continued for a time and finally set down for hearing. Appellant failed to appear on the day of trial and judgment was…
2Cases cited1 opinion
- Kilgore Lumber Co. v. ThomasSupreme Court of Arkansas · 1910
3Cited by2 opinions
- Starling v. HamnerSupreme Court of Arkansas · 1932
- Deans v. LeggSupreme Court of Arkansas · 1932