Hollenberg Music Co. v. Barron
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; STATEMENT BY THE COURT. This suit was begun before a justice of the peace by the Hollenberg Music Company against Claude Barron and others to recover the possession of a piano. On October 7, 1909, judgment by default was rendered in favor of the plaintiff, the judgment being in the alternative for the return of the piano or the recovery of the sum of $300, and the defendant appealed.
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Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; STATEMENT BY THE COURT. This suit was begun before a justice of the peace by the Hollenberg Music Company against Claude Barron and others to recover the possession of a piano. On October 7, 1909, judgment by default was rendered in favor of the plaintiff, the judgment being in the alternative for the return of the piano or the recovery of the sum of $300, and the defendant appealed. In the circuit court the case was tried before the court sitting as a jury. The material facts are practically undisputed, and are…
1Opinion of the Court
Hart, J.,
(after stating the facts). Counsel for the defendant rely on section 6869 of Kirby’s Digest to sustain the judgment of the court. It is as follows:
“In any action in a justice court, or circuit court of this State, where it is attempted to foreclose any mortgage, deed of trust, or to replevy, under such mortgage, deed of trust or other instrument, any personal property, the defendant or defendants in said action shall have the right to prove or show any payment or payments or set-off under such said mortgage, deed of trust or other instrument, and judgment shall be rendered for the…
2Cases cited5 opinions
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Bell v. OldSupreme Court of Arkansas · 1908
- Phillips v. Hollenberg Music Co.Supreme Court of Arkansas · 1907
- Hendrickson Lumber Co. v. PretoriousSupreme Court of Arkansas · 1907
- Covell v. DolloffSupreme Judicial Court of Maine · 1850
3Cited by17 opinions
- Fulwiler v. Traders & General Insurance CompanyNew Mexico Supreme Court · 1955
- Holt Manufacturing Co. v. JaussaudWashington Supreme Court · 1925
- Loden v. Paris Auto Co.Supreme Court of Arkansas · 1927
- Olson v. Moody, Knight & Lewis, Inc.Supreme Court of Arkansas · 1922
- Coffin v. Northwestern Mutual Fire Ass'nIdaho Supreme Court · 1926
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