Adair v. Quincy Stove Manufacturing Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. Appellee (being la nonresident of this State, and having failed to file the bond for costs required by law, after motion made to require such bond, the cause should have been dismissed in the lower court, and should be dismissed here. Kirby’is Dig., § 959. 2. The justice ¡of the peace court was without jurisdiction.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. Appellee (being la nonresident of this State, and having failed to file the bond for costs required by law, after motion made to require such bond, the cause should have been dismissed in the lower court, and should be dismissed here. Kirby’is Dig., § 959. 2. The justice ¡of the peace court was without jurisdiction. The law limiting the jurisdiction of ¡a justice of the peace is founded on public policy, and no manipulation of a debt can change such jurisdiction. 77 Ya. 225. The attempt by remittitur to bring this…
1Opinion of the CourtKirby, J.
Appellee company brought this suit upon a note in the justice court ¡after remitting $1 of the principal to bring it within the justice’s jurisdiction and recovered judgment there, from which an appeal was taken to the 'circuit court, where judgment was again rendered in its favor, ‘and from that judgment this appeal is prosecuted.
The only contention for reversal here is that the court was without jurisdiction to render the judgment. The note sued on with the endorsements is as follows: “$316.22. Little Rock, Ark., January 23, 1914.
“ Sixty days after date, I promise to pay to the order of the…
2Cases cited4 opinions
- Hunton v. LuceSupreme Court of Arkansas · 1895
- Fisher v. HallSupreme Court of Arkansas · 1839
- Chatten v. HeffleySupreme Court of Arkansas · 1860
- Sherrill v. Wilson & KeachSupreme Court of Arkansas · 1874
3Cited by1 opinion
- Mothershead v. DouglasSupreme Court of Arkansas · 1951