Morrow v. Watts
Supreme Court of Arkansas
App°eal from Marion Circuit Court; Blbridge G. Mitchell, Judge; 1. The justice of the peace was related'to appellant by affinity within the fourth degree. ' 12 Ark. 657. He was therefore disqualified and without jurisdiction to try the case. His judgment was void. Const, art. 7, § 20; Kirby’s Digest, § 1526; 48 Ark. 151; 1 Ark. 144; 85 U. S. 457; 12 Am. & Eng. Enc.
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App°eal from Marion Circuit Court; Blbridge G. Mitchell, Judge; 1. The justice of the peace was related'to appellant by affinity within the fourth degree. ' 12 Ark. 657. He was therefore disqualified and without jurisdiction to try the case. His judgment was void. Const, art. 7, § 20; Kirby’s Digest, § 1526; 48 Ark. 151; 1 Ark. 144; 85 U. S. 457; 12 Am. & Eng. Enc. Daw, 311 and notes; 41 R. R. A. 414; 4 Words and Phrases, 3876, 3881. 2. Appellant having been induced to make the purchase through misrepresentation and deception as to the age, character and nativity of the mules, he was entitled…
1Opinion of the CourtHill, C. J.
Morrow bought two mules of Watts, and gave his note therefor. Upon default in payment Watts brought suii upon it before J. D. Summers, a justice of the peace of Marion County. Summers’s wife was an aunt by marriage of the wife of Morrow. This fact was known to Summers and the parties to said suit. Judgment by default was taken in justice court, and Morrow appealed to the circuit court. Morrow made a motion to dismiss the action for want of jurisdiction, setting forth the relationship of the justice of the peace to his (Morrow’s) wife. This was overruled, and the case went to trial on an issue…
2Cases cited1 opinion
- Pettigrew v. Washington CountySupreme Court of Arkansas · 1884
3Cited by13 opinions
- Byler v. StateSupreme Court of Arkansas · 1946
- Bates v. StateSupreme Court of Arkansas · 1947
- Worth v. Benton County Circuit CourtSupreme Court of Arkansas · 2002
- Washington Fire Insurance v. HoganSupreme Court of Arkansas · 1919
- Ingram v. RaifordSupreme Court of Arkansas · 1927
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