Wilson v. Newland
Supreme Court of Arkansas
This was an appeal from a justice of the peace, determined in tito Independence Circuit Court, at August term, 1843, before the Hon. Thomas Johnson, one of the circuit judges. Wilson and Fore sued Newland on an account before the justice, in which they recovered a judgment for $88 50, from which the defendant below appealed, and upon- a trial in the circuit court by a jury, (he plaintiff below obtained a verdict $12 25 “and costs.”
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This was an appeal from a justice of the peace, determined in tito Independence Circuit Court, at August term, 1843, before the Hon. Thomas Johnson, one of the circuit judges. Wilson and Fore sued Newland on an account before the justice, in which they recovered a judgment for $88 50, from which the defendant below appealed, and upon- a trial in the circuit court by a jury, (he plaintiff below obtained a verdict $12 25 “and costs.” The court thereupon rendered judg* ment in favor of the plaintiff for the amount found by the jury and his costs before the justice of the peace, but gave judgment…
1Opinion of the Court
By the Court,
Sebastian, J.
The Revised Code, page 204, section 21, provides that “when an appeal shall be taken from a judgr ment of a justice of the peace in favor of the appellee, upon a trial de novo in the circuit court, costs shall be adjudged as follows: If the appellant shall at any lime before his appeal is perfected, tender and offer to pay to the appellee any portion of the judgment, which shall not be accepted in satisfaction, and the appellee shali not, in the circuit court, recover more than the amount so tendered and refused, he shall pay the costs of the appellate court. If no…
2Cases cited2 opinions
- Ex parte WoodsSupreme Court of Arkansas · 1841
- Willson v. LightSupreme Court of Arkansas · 1842