Legal Opinion

Boyd v. Carroll

Supreme Court of Arkansas

Decided November 15, 1875PublishedCited by 4 opinions

APPEAL from Ashley Circuit Court. Hon. T. F. Sorrells, Circuit Judge. ' The payment was voluntary, and cannot be recovered. Hall v. Schultz, 4 John. Rep., 240, note a, 2d ed.; Bank óf U. S. v. Bank of Washington, Curtis U. S., vol. 10, p. 3. Justice’s action valid. Hawkins v. Filkins, 24, 286. Affidavit was made and delivered to justice in due time. Acts 1873, p. 453, sec. 97. The appeal was not taken according to law, and should have been dismissed.

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APPEAL from Ashley Circuit Court. Hon. T. F. Sorrells, Circuit Judge. ' The payment was voluntary, and cannot be recovered. Hall v. Schultz, 4 John. Rep., 240, note a, 2d ed.; Bank óf U. S. v. Bank of Washington, Curtis U. S., vol. 10, p. 3. Justice’s action valid. Hawkins v. Filkins, 24, 286. Affidavit was made and delivered to justice in due time. Acts 1873, p. 453, sec. 97. The appeal was not taken according to law, and should have been dismissed. Gantt’s Digest, 3821; Merrill & Bro. v. Manees, 19 Ark., p. 647. The transcript sent up by the justice is conclusive. Rose’s Digest, p. 481,…

1Opinion of the Court

English, Ch. J.:

John Carroll sued Charles M. Boyd before a justice of the peace of Ashley county, on an account for money had and received for his use, etc. Carroll obtained judgment, and Boyd appealed to the Circuit Court.

The cause was tried in the Circuit Court, before the court sitting as a jury, finding and judgment for Carroll, and motion for new trial overruled.

There is a statement in the transcript that the cause was submitted to the court on an agreed statement of facts, which is copied.

There is also a statement in the transcript, that in addition to the agreed facts, Boyd, Carroll,…

2Cited by4 opinions

  1. School District No. 14 v. School District No. 4Supreme Court of Arkansas · 1897
  2. Kinnanne v. StateSupreme Court of Arkansas · 1913
  3. Southwestern States Telephone Company v. BiggerSupreme Court of Arkansas · 1947
  4. William R. Moore Dry Goods Co. v. ThomasSupreme Court of Arkansas · 1907

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