Hunton v. Luce
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court in Chancery, Fort Smith District. Fdgar F. Bryant, Judge. A creditor can remit a part of his debt, so as to give a justice of the peace jurisdiction, as was done in this case.
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Appeal from Sebastian Circuit Court in Chancery, Fort Smith District. Fdgar F. Bryant, Judge. A creditor can remit a part of his debt, so as to give a justice of the peace jurisdiction, as was done in this case. The amount claimed is the test of jurisdiction. 1 Ark. 25 ; 2 id. 449 ; 7 id. 261; 31 id. 313 ; 29 id. 384; 44 id. 100; 2 id. 149 ; 1 Fng. 533. A great majority of the courts hold that a voluntary remission of part of a claim to give jurisdiction is proper and legal. 19 Vt. 23 ; 28 id. 409; 17 Mo. 258; 30 id. 140; 14 Mo. App. 331; 20 111. 32; 24 id. 112; 76 id. 216; 35 N. W. 831 ; 2…
1Opinion of the CourtRiddick, J.
This is an action brought by the appellee, Cornelia P. Luce, to declare void and enjoin the collection of a judgment in favor of appellants, and against one Sallie Falconer. The judgment complained of was rendered by a justice of the peace April 20, 1891, upon a promissory note executed by said Sallie Falconer July 8, 1888, for the sum of $306.50, with interest at 10 per cent. A transcript of this judgment having been filed with the clerk of the circuit court, as provided by law, it is claimed by appellants that said judgment is a lien upon certain land which appellee purchased from Sallie…
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