Dunnagan v. Shaffer, Swartz & Co.
Supreme Court of Arkansas
APPEAL from. Green Circuit Court. Hon. M. T. Sanders, Judge, on exchange. The justice had no jurisdiction to set aside a sale made by execution. ■ A justice’s court is one of, inferior and limited jurisdiction, and has no jurisdiction of matters not expressly conferred. The property purchased vested in appellant upon the bidding it off and payment of the amount bid by.him, and could not be divested by the justice in such a summary manner.
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APPEAL from. Green Circuit Court. Hon. M. T. Sanders, Judge, on exchange. The justice had no jurisdiction to set aside a sale made by execution. ■ A justice’s court is one of, inferior and limited jurisdiction, and has no jurisdiction of matters not expressly conferred. The property purchased vested in appellant upon the bidding it off and payment of the amount bid by.him, and could not be divested by the justice in such a summary manner. And more especially without a tender or return of the purchase money. 1. The court issuing the process is the proper one to apply to for an order setting…
1Opinion of the CourtBattle, J.
Shatter, Swartz & Co. recovered a judgment before a justice of the peace, against D. A. Smith, and sued out an execution thereon. The constable,to whom the execution was directed, levied it upon certain personal, property of Smith, and sold it, and William Dunnagan became the purchaser. Shaffer, Swartz & Oo. then applied to the justice to set aside the sale on the ground it was illegal. Ten days’ notice of the application having first been given, the justice heard the application and set aside the sale. William Dunnagan then filed in the Green circuit court, a petion for certiorari, reciting…
2Cases cited6 opinions
- Brady v. TaberMichigan Supreme Court · 1874
- McNamara v. SpeesWisconsin Supreme Court · 1870
- St. Joseph Manufacturing Co. v. HarringtonSupreme Court of Iowa · 1880
- Doughty, Pearson & Co. v. WalkerSupreme Court of Georgia · 1875
- Wight v. WarnerMichigan Supreme Court · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McCoy v. BellWashington Supreme Court · 1889
- Metcalf v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911
- Schofield v. PowellDistrict Court, D. Alaska · 1915