Rose v. Christinet
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. WinEiERD, Judge; 1. On appeal from the justice of the peace court, the jurisdiction of the circuit court is derived from, and dependent upon, the appeal.
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Appeal from Pulaski Circuit Court; Edward W. WinEiERD, Judge; 1. On appeal from the justice of the peace court, the jurisdiction of the circuit court is derived from, and dependent upon, the appeal. It can render no judgment that the justice is not authorized to render. 44 Ark. 379; 40 Ark. 556; 43 Ark. 107; 61 Ark. 33; 57 Ark. 258. In matters of damages to personal property the jurisdiction of the justice, and of the circuit court on appeal, is limited to one hundred dollars. Art. 7, sec. 40, Const. 1874; Kirby’s Digest, § 4552. Damages for wrongful detention is within the purview of “damage…
1Opinion of the CourtMcCulloch, J.
The plaintiff, Dizette Christinet, brought an action of replevin before a justice of the peace of Pulaski County against the Gaskill-Mundy Carnival Company and Frank W. Gaskill to recover possession of a contrivance called “Cycle Dazzle Track” or its value, alleged to be $100, and damages in the sum of $25 for detention of the same. An order of delivery was issued and served, and the defendants gave bond to retain possession of the property. Judgment was rendered by the justice of the peace in favor of the plaintiff for recovery of said property or its value, $100, and damages in the sum of…
2Cases cited5 opinions
- Whitesides v. KershawSupreme Court of Arkansas · 1884
- Pritchard v. BartholomewIndiana Supreme Court · 1873
- Little Rock, Mississippi River & Texas Ry. v. ManeesSupreme Court of Arkansas · 1884
- Cross v. EatonMichigan Supreme Court · 1882
- Bunch v. PottsSupreme Court of Arkansas · 1893
3Cited by7 opinions
- Addison v. SalyerSupreme Court of Virginia · 1946
- Taylor v. LeeCourt of Appeals of Texas · 1911
- Modern Laundry v. DilleySupreme Court of Arkansas · 1914
- Piper v. Potlatch Federal Credit UnionCourt of Appeals of Arkansas · 2009
- Tracy v. SumidaCalifornia Court of Appeal · 1916
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