Hurley v. Bevens
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court. Alexander M. Dueeie, Judge. Dr. E. E. Bevens sued R. H. Hurley in a justice’s court in Garland county to recover possession of a borse and wagon. Defendant gave bond for the property in the sum of $320 and procured the cause to be transferred to the court of common pleas where judgment was rendered in his favor.
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Appeal from Hot Spring Circuit Court. Alexander M. Dueeie, Judge. Dr. E. E. Bevens sued R. H. Hurley in a justice’s court in Garland county to recover possession of a borse and wagon. Defendant gave bond for the property in the sum of $320 and procured the cause to be transferred to the court of common pleas where judgment was rendered in his favor. Plaintiff appealed to the circuit court and there filed a motion for a change of venue to some other county, on account of “undue prejudice against his cause of action.” The court ordered the venue changed to Hot Spring county, on the ground “that…
1Opinion of the Court
I. Cliatig-e of venue allowed on appeal from magistrate.
Hughes, J.
The court is of the opinion that, in a case pending on appeal from a justice of the peace in the circuit court, the circuit court may order a change of venue, if the applicant therefor bring himself within the provisions of chapter 153 of Mansfield’s Digest. This view is supported by Shaver v. Lawrence Co. 44 Ark. 225, where it is held that, on appeal from the county court to the circuit court, a change of venue may be made under the chapter referred to.
It was the duty of the circuit court to order the change of venue when the…
2Cases cited2 opinions
- Shaver v. Lawrence CountySupreme Court of Arkansas · 1884
- Mann v. StateSupreme Court of Arkansas · 1881
3Cited by4 opinions
- Seymour v. BiehslichSupreme Court of Arkansas · 2007
- Insurance From CNA v. Keene Corp.Supreme Court of Arkansas · 1992
- Foote v. Superior CourtCalifornia Court of Appeal · 1932
- Insurance From CNA v. Keene Corp.Supreme Court of Arkansas · 1992