Legal Opinion

Jaquith v. Davidson

Supreme Court of Arkansas

Decided July 15, 1878PublishedCited by 5 opinions

Error from Lyon District Court. Eeplevin, originally brought, before a justice of the peace, by George Davidson, against Jaquith, December 16th, 1876, and thence, after a trial, by plaintiff taken to the district court. In May, 1877, said Davidson died, and in September, 1877, the suit was revived in the name of Anna Davidson, as executrix, etc. Trial at September Term, 1877, of the district court, and judgment for plaintiff. Jaquith brings the case here for review.

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Error from Lyon District Court. Eeplevin, originally brought, before a justice of the peace, by George Davidson, against Jaquith, December 16th, 1876, and thence, after a trial, by plaintiff taken to the district court. In May, 1877, said Davidson died, and in September, 1877, the suit was revived in the name of Anna Davidson, as executrix, etc. Trial at September Term, 1877, of the district court, and judgment for plaintiff. Jaquith brings the case here for review. Buck & Kellogg, for plaintiff in error, insisted on a reversal of this case for three reasons: First, the verdict was for $60,…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This suit was originally brought before a justice of the peace by George Davidson, in his lifetime, December 16, 1876, on affidavit for replevin, alleging value at and asking for $50. This allegation of value was never changed. During Davidson’s life, suit was tried before a justice of the peace, and once in district court, where Davidson had taken the case by appeal.

George Davidson died May 13, 1877, and the suit was revived September 18, 1877, in the name of present defendant in error, in her representative capacity.

Three errors are…

2Cases cited1 opinion

  1. State v. BuffingtonSupreme Court of Kansas · 1878

3Cited by5 opinions

  1. Griffith v. RobertsonSupreme Court of Kansas · 1906
  2. Richards v. StateCourt of Criminal Appeals of Texas · 1909
  3. McKee v. McClainSupreme Court of Kansas · 1923
  4. Church v. WelchSupreme Court of Oklahoma · 1918
  5. McCartney v. SpencerSupreme Court of Kansas · 1881

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