Brown v. Higgins
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court. Hon. C. E. Mitchel, Circuit Judge. No written pleadings-are required before a justice of the peace, Gantt's Dig., Sec. 3740, and on appeal to the circuit court no greater certainty or formality is required than before the justice. 36 Ark., por. Appeals from justices are tried de novo on the merits, and amendments and new issues may be made.
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APPEAL from Nevada Circuit Court. Hon. C. E. Mitchel, Circuit Judge. No written pleadings-are required before a justice of the peace, Gantt's Dig., Sec. 3740, and on appeal to the circuit court no greater certainty or formality is required than before the justice. 36 Ark., por. Appeals from justices are tried de novo on the merits, and amendments and new issues may be made. J5 Ark., Even if appellant did not plead the Statute of Frauds before the justice, (which he did,) he had the right to plead it orally in the circuit court. As to what constitutes an original undertaking, see 12 Ark., 174.
1Opinion of the CourtSmith, J.
This action was to recover three dollars, the balance due upon a pair of shoes sold and delivered to one Staggs upo.n the credit of the defendant. The justice’s docket does not show upon what issue the case was tried before him. But in the circuit court, where the trial was before the court without a jury, the defendant’s attorney, in stating his defense, before the introduction of any testimony, announced that he relied on the Statute of Frauds. The plaintiff himself swore, that before he would agree to sell Staggs the shoes, the defendant promised to pay one-half of the price. But another…
2Cited by1 opinion
- Buckley v. CollinsSupreme Court of Arkansas · 1913