Walker v. Fetzer
Supreme Court of Arkansas
Appeal from Independence Circuit Court. John B. McCabeb, Judge, (on exchange of circuits with Hon. Richard H. Powebb, J.) STATEMENT BY THE COURT. It appears that appellant, W. C. Walker, instituted proceedings before a justice of the peace to recover the sum of eight dollars for the services of a stallion, and to enforce a lien for same on the mare served.
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Appeal from Independence Circuit Court. John B. McCabeb, Judge, (on exchange of circuits with Hon. Richard H. Powebb, J.) STATEMENT BY THE COURT. It appears that appellant, W. C. Walker, instituted proceedings before a justice of the peace to recover the sum of eight dollars for the services of a stallion, and to enforce a lien for same on the mare served. Walker made before the justice the following affidavit: “The plaintiff, W. C. Walker, states on oath that the defendant, James Fetzer, is justly indebted to him in the sum of eight dollars for services rendered by a male horse kept by Huse…
1Opinion of the Court
Wood, J.,
(after stating the facts). The amended complaint showed no cause of action against appellants on the bond. The statute giving to the owner of any male animal kept for the propagation of species a lien upon the female animal which has been served by the male, for the sum contracted for such service, nowhere provides for the filing of a bond as a prerequisite for the enforcement of such lien. On the contrary, where the owner files with a justice a written statement, duly verified, setting forth the amount of his claim, his cause of action, and a description of the animal upon which he…
2Cases cited1 opinion
- Williams v. SkipwithSupreme Court of Arkansas · 1879
3Cited by3 opinions
- Taylor v. ExniciousCalifornia Supreme Court · 1925
- Emerson v. HopperSupreme Court of Arkansas · 1910
- Harrison v. FulkSupreme Court of Arkansas · 1917