Metcalf v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Baxter Circuit Court; J. W. Meeks, Judge; 1. An order made by a justice of the peace in a summary proceeding after judgment is but an order, and not a final judgment.
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Appeal from Baxter Circuit Court; J. W. Meeks, Judge; 1. An order made by a justice of the peace in a summary proceeding after judgment is but an order, and not a final judgment. Kirby’s Digest, § § 4665, 6228, 4226, 6265. 2. A statute which, in classifying creditors and debtors, uses as a basis of classification the amount in controversy, and gives to one class a remedy, and denies to the other class the same process, is an arbitrary classification and in violation of the equality clauses of both State and Federal Constitutions. The act, Kirby’s Digest, § § 3695, 3696 is therefore void.…
1Opinion of the CourtMcCulloch, C. J.
Appellant instituted an action against one Taylor on account for $74 before a justice of the peace, and sued out an order of general attachment with a garnishment clause summoning appellee, St. Louis, Iron Mountain & Southern Railway Company, as garnishee, the latter being indebted to Taylor for wages. The record of the justice shows' the following entry on the same day, after reciting service of summons and the writ of garnishment:
“December 4, 1909. Defendant appears, and by agreement of the parties in open court the wages of defendant garnished in the hands of the railroad company is to be…
2Cases cited8 opinions
- State Ex Rel. Caldwell v. CockrellSupreme Court of Missouri · 1919
- White v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1910
- Knight v. CreswellSupreme Court of Arkansas · 1907
- Dale v. BlandSupreme Court of Arkansas · 1910
- Scanland v. MixerSupreme Court of Arkansas · 1879
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3Cited by2 opinions
- Twin City Bank v. J. S. McWilliams Auto Co.Supreme Court of Arkansas · 1931
- Betterton v. AndersonSupreme Court of Arkansas · 1926