Merrill v. Manees
Supreme Court of Arkansas
Appeal from the Circuit Court of Drew County. Hon. Tiieodoric F. Sorrells, Circuit Judge. The plaintiffs below not having made the affidavit or entered ■into the recognizance required by the statute, the Circuit Court had no jurisdiction in the case. Secs. 176, 182, 183, Ich. ,95, Dig.; 2 Ark. Rep. 85; 4 lb. 65; 5 lb. 406; 2 Eng. 182; 6 lb. 302; 6 Eng. 664.
1Opinion of the CourtChief Justice English
On the 4th of December, 1856, it appears from the record in this case, Merrill & Brother sued Manees before a justice of the peace of Drew county, upon an open account. On the 18th of the same month, there was a trial before the justice and a judgment in favor of the defendant. On the same day, it appears from a docket entry of the justice, “ the plaintiffs prayed an appeal, "which was granted.”
A record entry of the Drew Circuit Court, made in November, 1857, shows that the parties appeared, by their respective attorneys, and the cause was submitted to the Court sitting as a jury, and finding…
2Cases cited1 opinion
- Woolford v. HarringtonSupreme Court of Arkansas · 1839
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