Schattler v. Heisman
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; L'dward W. Winfield, Judge; STATEMENT BY THE COURT. This was a suit upon a certified copy of a judgment of a justice of the peace rendered in a replevin case for the recovery of Gertain personal property, or its value, in favor of B. G. Holt, and which was assigned to the appellee, A. M. Heisman.
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Appeal from Pulaski Circuit Court; L'dward W. Winfield, Judge; STATEMENT BY THE COURT. This was a suit upon a certified copy of a judgment of a justice of the peace rendered in a replevin case for the recovery of Gertain personal property, or its value, in favor of B. G. Holt, and which was assigned to the appellee, A. M. Heisman. The record recites that Holt filed an affidavit before the justice of the peace, Stebbins, on September 4, 1895, “stating that he is the owner of one lot of goods as specifically set forth in his complaint,” etc., therefore “an order of delivery and summons is…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The paper in this cause, purporting to be an affidavit, was filed with the justice of the peace on the day that the summons and order of delivery were issued. That is clear from the testimony. This paper, although not sworn to, was a sufficient complaint to give the court jurisdiction of. the subject-matter in replevin; and the court could proceed to try the right to the possession of the property involved without the possession being changed. Sections 6853-54, Kirby’s Digest; Hanner v. Bailey, 30 Ark. 681; Hawes v. Robinson, 44 Ark. 308; Eaton v. Langley,…
2Cases cited3 opinions
- Eaton v. LangleySupreme Court of Arkansas · 1898
- Hawes v. RobinsonSupreme Court of Arkansas · 1884
- Hanner v. BaileySupreme Court of Arkansas · 1875
3Cited by7 opinions
- Troy Laundry Machinery Co. v. Carbon City Laundry Co.New Mexico Supreme Court · 1921
- Shewmake v. ShifflettSupreme Court of Arkansas · 1943
- Chapman v. ClaybrookSupreme Court of Arkansas · 1927
- Feldman v. FeldmanSupreme Court of Arkansas · 1926
- Higgason v. BraswellSupreme Court of Arkansas · 1924
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