Hicks v. Brown
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, Greenwood District. Hon. John H. Bogers, Circuit Judge. STATEMENT. On the twenty-third day of August, 1880, Hicks sued Brown in the Circuit Court at Greenwood, in Sebastian county, upon a judgment he had recovered against him before a justice of the peace of the county, on the twenty-fourth day of August, 1870, for $200. Brown answered “that said supposed cause of action in said complaint, declared upon,did not accrue within five years…
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APPEAL from Sebastian Circuit Court, Greenwood District. Hon. John H. Bogers, Circuit Judge. STATEMENT. On the twenty-third day of August, 1880, Hicks sued Brown in the Circuit Court at Greenwood, in Sebastian county, upon a judgment he had recovered against him before a justice of the peace of the county, on the twenty-fourth day of August, 1870, for $200. Brown answered “that said supposed cause of action in said complaint, declared upon,did not accrue within five years next before the institution of this action.” A demurrer to the answer was -overruled, and, upon the trial, the court found…
1Opinion of the CourtHArrison, J.
The Statute makes no distinction as to the limitation of actions between judgments of the Circuit Courts- and justice’s of the peace. Its language is :
“Actions on all judgments and decrees shall be commenced within ten year's after the cause of action shall accrue, and not afterwards.” Sec. 4128, Gantt’s Digest.
There is no necessary relation between this section and section 3791, limiting the time in which executions may be issued on judgments of justices of the peace, and it is not required to be construed in pari materia with it. A payment or part satisfaction would not extend the time in…
2Cited by7 opinions
- Reaves v. TurnerSupreme Court of Oklahoma · 1908
- Jordan v. MuseSupreme Court of Arkansas · 1909
- Koontz v. LaDowSupreme Court of Arkansas · 1918
- Burton v. GrissomSupreme Court of Oklahoma · 1925
- A. Karcher Candy Company v. HopkinsSupreme Court of Arkansas · 1947
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