Chicago, Rock Island & Pacific Railway Co. v. Langley
Supreme Court of Arkansas
Appeal from Plot Spring Circuit Court; Alexander M. Duffle, Judge; ■The Constitution and statute law confer unconditional right of appeal. Art. 7, sec. 42, Const.
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Appeal from Plot Spring Circuit Court; Alexander M. Duffle, Judge; ■The Constitution and statute law confer unconditional right of appeal. Art. 7, sec. 42, Const. Ark.; Kirby’s Digest, § 4665. See also Kirby’s Digest, § § 1223, 1234, 1235 and 1236. An action for recovery of penalty for nonpayment of wages is a separate action, and may be maintained separately from an action to recover wages. 70 Ark. 226. Defendant clearly had the right to pay oil that part of the judgment which it deemed to be just, and appeal from that part at which it was aggrieved. 53 Ark. 514; Baylies on New Tr. & App. §…
1Opinion of the CourtMcCulloch, J.
The plaintiff, J. T. Langley, sued the defendant, Chicago, Rock Island & Pacific Railway Company before a justice of the peace of Hot Spring County to recover a debt of $41:60 for labor performed, and the further sum of $1.83 per day as statutory penalty for nonpayment of wages; and on the return day of the summons the justice of the peace rendered judgment in favor of the plaintiff for the amount of wages sued for and the accrued penalty, aggregating the sum of $131.40.
On the same day defendant presented to the justice of the peace an affidavit and prayer for appeal to the circuit court, in…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. PickettSupreme Court of Arkansas · 1902
3Cited by5 opinions
- Shaver v. CommonwealthSupreme Court of Virginia · 1928
- Davis v. CookSupreme Court of Arkansas · 1922
- Buckley v. CollinsSupreme Court of Arkansas · 1913
- Davis v. CookSupreme Court of Arkansas · 1922
- Morgan v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912