Whitesides v. Kershaw
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court in Chancery. Hon. C. E. Mitchel, Circuit Judge. Admitting for the sake of argument that Briggs had a lien on the note, the justice of the peace could not enforce it. He had no jurisdiction to do so, and in refusing to make Driggs a party he did right. The enforcement of such a lien belongs exclusively to courts of equity.
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APPEAL from Nevada Circuit Court in Chancery. Hon. C. E. Mitchel, Circuit Judge. Admitting for the sake of argument that Briggs had a lien on the note, the justice of the peace could not enforce it. He had no jurisdiction to do so, and in refusing to make Driggs a party he did right. The enforcement of such a lien belongs exclusively to courts of equity. Const. 1871, ari- 7, sees. 15,10. The justice having no jurisdiction, the Circuit Court could acquire none on appeal. 6 Ark., 11; lb., 182, 371; 10 lb., 265 ; 21 lb., 177; 27 lb., 508; Gantes Dig., 3837. The law presumes that superior courts…
1Opinion of the CourtCookrill, C. J.
The appellant sued Mrs. Kershaw on a promissory note before a justice of the peace. The defendant, without making answer, filed an affidavit stating that Driggs, the appellee, claimed an interest in the matter in controversy, and asked that he be made a party. This the justice declined to do, and rendered judgment •against the defendant. She appealed to the Circuit Court, and there renewed her motion to bring Driggs into the controversy. The prayer of her motion was granted. The defendant paid the amount due on the note into court and left Mrs. Whiteside, the plaintiff, and Driggs to settle…
2Cases cited3 opinions
- Davis v. . DavisSupreme Court of North Carolina · 1880
- Snell v. MohanIndiana Supreme Court · 1872
- Cross v. EatonMichigan Supreme Court · 1882
3Cited by15 opinions
- Norman v. FifeSupreme Court of Arkansas · 1895
- Townsend v. StateSupreme Court of Arkansas · 1987
- Adams v. StateSupreme Court of Arkansas · 1922
- Rose v. ChristinetSupreme Court of Arkansas · 1906
- Russell v. Cockrill, JudgeSupreme Court of Arkansas · 1947
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