Hanf v. Ford
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. Hon. X. J. Pinball, Circuit Judge. I. It was error to allow plaintiff to amend his affidavit so as to increase his claim for damages. It presented an issue entirely different from the one presented before the justice of the peace — in fact, one above the jurisdiction of a justice of the peace. The object of allowing an appeal is to bring before the Circuit Court the matter in controversy in the Justice of the Peace Court.
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APPEAL from Jefferson Circuit Court. Hon. X. J. Pinball, Circuit Judge. I. It was error to allow plaintiff to amend his affidavit so as to increase his claim for damages. It presented an issue entirely different from the one presented before the justice of the peace — in fact, one above the jurisdiction of a justice of the peace. The object of allowing an appeal is to bring before the Circuit Court the matter in controversy in the Justice of the Peace Court. Ball v. Kuykendall, 2 Ark., 195. U. The damages were excessive : evidence being allowed to go to the jury showing remote and speculative…
1Opinion of the Court
STATEMENT.
Eakin, J.
Ford brought an action of replevin against Hanf, before a Justice of the Peace, to recover a horse, a ■mule, and a two-horse wagon and gear. The value of each was set forth in his affidavit, which was made to answer the purpose of a complaint. The property was bonded by defendant and retained. Upon trial, judgment was ren•dered against the plaintiff, who appealed to the Circuit Court. He was there, against the objection of the defendant, ¡allowed to amend his affidavit so as to increase the amount of damages claimed. Upon a trial in the Circuit Court the jury found for the…
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- Burton v. PlatterCourt of Appeals for the Eighth Circuit · 1893
- Sledge & Norfleet Co. v. MannSupreme Court of Arkansas · 1924
- Little v. Atchison, Topeka & Santa Fe Railway Co.Court Of Appeals Of Indian Territory · 1899
- Chapman v. ClaybrookSupreme Court of Arkansas · 1927
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