Ward v. Wilson
Supreme Court of Arkansas
.Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; 1. The affidavit for appeal was fatally defective. (1) It does not state that appellants are aggrieved by the decision. (2) It fails to state that the appeal is not taken for vexation.
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.Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; 1. The affidavit for appeal was fatally defective. (1) It does not state that appellants are aggrieved by the decision. (2) It fails to state that the appeal is not taken for vexation. Kirby’s Digest, § 1487; 44 Ind. 440; 80 S. W. 337; 162 Id. 308; 95 Ark. 148; 92 Id. 151; 93 Id. 265; 5 Okla. 736; 46 Conn. 528; 54 Atl. 755; 51 Mo. 440; 102 S. W. 1104, etc. 1. No.motion to dismiss the appeal was made. 99 Ark. 56. No affidavit for appeal was necessary. Kirby’s Digest, § 3006. Section 1487 does not apply.
1Opinion of the CourtMcCulloch, C. J.
This appeal is from a judgment of the circuit court rendered in a proceeding which originated in the county court concerning the opening of a public road. The sole question involved now relates to the correctness of a ruling of the circuit court in refusing to dismiss the appeal from the county court on the ground of alleged insufficiency of the affidavit for appeal. The contention of appellants is that the question is controlled by the provisions of Kirby’s Digest, section 1487, which regulates, generally, appeals from county courts and provides that an appeal may be granted “by the party…
2Cases cited2 opinions
- Baugher v. RuddSupreme Court of Arkansas · 1890
- Nemier v. BramlettSupreme Court of Arkansas · 1912
3Cited by6 opinions
- Cordell v. KentSupreme Court of Arkansas · 1927
- Bank of Blytheville v. StateSupreme Court of Arkansas · 1921
- McMahan v. RubleSupreme Court of Arkansas · 1918
- Taylor v. RogersSupreme Court of Arkansas · 1928
- Carr v. State ex rel. SmithSupreme Court of Arkansas · 1924
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