Legal Opinion

Thompson v. Willard

Supreme Court of Arkansas

Decided April 15, 1899PublishedCited by 4 opinions

Appeal from Hempstead Circuit Court. Rufus D. Hearn, Judge. The justice of the peace had no jurisdiction, since the amount in controversy was over $100. Sand. & H. Dig. § 4317, note 2. For meaning of phrase “all matters of damage to personal property,” as used in the statute, see 41 Ark. 478; 42 Ark. 210; 47 Ark. 59; 48 Ark. 293. The total amount claimed or involved is the test. 7 Ark. 258; 13 Ark. 40; 44 Ark. 100; 45 Ark. 346; 47 Ark. 59; 48 Ark. 293; 62 Ark.209. The $75…

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Appeal from Hempstead Circuit Court. Rufus D. Hearn, Judge. The justice of the peace had no jurisdiction, since the amount in controversy was over $100. Sand. & H. Dig. § 4317, note 2. For meaning of phrase “all matters of damage to personal property,” as used in the statute, see 41 Ark. 478; 42 Ark. 210; 47 Ark. 59; 48 Ark. 293. The total amount claimed or involved is the test. 7 Ark. 258; 13 Ark. 40; 44 Ark. 100; 45 Ark. 346; 47 Ark. 59; 48 Ark. 293; 62 Ark.209. The $75 claimed as the value of the mare was the criterion of jurisdiction. 44 Ark. 100; 45 Ark. 346; 10 Ark. 326. The justice had…

1Opinion of the CourtBattle, J.

This action was instituted by Willard against Thompson, before a justice of the peace, to recover damages for the unlawful detention and conversion of a mare, the property of the plaintiff. After alleging in his complaint that the mare belonged to him, and was sold by Thompson without his consent, and without any order of court or authority of law, he said, “I therefore ask judgment against the said Floyd Thompson for seventy-five dollars for the conversion of said mare, and the sum of thirty dollars for damages for the detention of said mare.” Did the justice of the peace have jurisdiction…

2Cases cited4 opinions

  1. Trammell v. Town of RussellvilleSupreme Court of Arkansas · 1879
  2. Little Rock, Mississippi River & Texas Ry. v. ManeesSupreme Court of Arkansas · 1884
  3. St. L., I. M. & S. Ry. v. BriggsSupreme Court of Arkansas · 1885
  4. St. L., I. M. & S. Railway v. HeathSupreme Court of Arkansas · 1883

3Cited by4 opinions

  1. Bell v. KoontzSupreme Court of Arkansas · 1927
  2. Stroud v. ConineSupreme Court of Arkansas · 1914
  3. St. Louis . S. F. R. Co. v. EgbertSupreme Court of Oklahoma · 1910
  4. Harris v. HareSupreme Court of Arkansas · 1931

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