Legal Opinion

Buckley v. Collins

Supreme Court of Arkansas

Decided December 15, 1913Published

Appeal from Pike Circuit Court; Jeff T. Cowling, Judge; STATEMENT BY THE COURT. Judgment was rendered against appellant in the justice court for the sum of $4.95, and he appealed to the circuit court. The circuit court dismissed the appeal ‘ ‘ on the ground that the amount involved is too small for the' consideration of the court,” and appellant appeals to this court. 1. A litigant has the right to appeal from any judgment, however small.

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Appeal from Pike Circuit Court; Jeff T. Cowling, Judge; STATEMENT BY THE COURT. Judgment was rendered against appellant in the justice court for the sum of $4.95, and he appealed to the circuit court. The circuit court dismissed the appeal ‘ ‘ on the ground that the amount involved is too small for the' consideration of the court,” and appellant appeals to this court. 1. A litigant has the right to appeal from any judgment, however small. Const. 1874, art. 2, § 13; Kirby’s Dig., § 4671; 78 Ark. 208; 44 Id. 482; 45 Id. 456. 2. No motion for a new trial necessary. 31 S. W. 740. 1. A motion for…

1Opinion of the Court

,. 'Wood, J.,

(after stating the facts). Every litigant has the right of appeal from an adverse judgment, no matter how small the amount thereof may be. Constitution-of Arkansas, art. 7, § 42; Kirby’s Digest, § 4665; Chicago, R. I. & P. Ry. Co. v. Langley, 78 Ark. 207; see also Brown v. Higgins, 45 Ark. 456; Townsend v. Timmons, 44 Ark. 482.

Reversed and remanded with directions to reinstate the appeal from the justice court.

2Cases cited3 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. LangleySupreme Court of Arkansas · 1906
  2. Townsend v. TimmonsSupreme Court of Arkansas · 1884
  3. Brown v. HigginsSupreme Court of Arkansas · 1885

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