Love v. McAlister
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. E. T. VaughaN, Circuit Judge. 1. Before the adoption of the Code affidavits could be made before clerks. Although section 2539 Gantt’s Digest omits clerk, there are no words of exclusion or prohibition in it, nor does i.t repeal any former law. It only intended to make the certificates of the officers named proof as stated.
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APPEAL from Pulaski Circuit Court. Hon. E. T. VaughaN, Circuit Judge. 1. Before the adoption of the Code affidavits could be made before clerks. Although section 2539 Gantt’s Digest omits clerk, there are no words of exclusion or prohibition in it, nor does i.t repeal any former law. It only intended to make the certificates of the officers named proof as stated. If any other officer should take it, proof of his authority •might be produced aliunde, which is waved in this case. If •an affidavit taken before a clerk was good at the time of the adoption of the Code, it is good now. Rev. Stat.,…
1Opinion of the CourtEnglish, C. J.
Jefferson McAllister sued P. C. Love before a justice of the peace of Pulaski County, on an open account for money,had and received, and on a trial recovered judgment for §73.60.
Love prayed an appeal to the Circuit Court, which was granted upon the filing of an appeal affidavit made by him before W. A. Turner, county clerk of Webster County, in the State of Missouri, authenticated by his seal of office.
In the Circuit Court the plaintiff moved to dismiss the appeal because no such affidavit for appeal as required by law had been filed before the justice.
On the hearing of the motion it was…
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