Townsend v. Timmons
Supreme Court of Arkansas
APPEAL from Perry Circuit Court. Hon. J. B. Wood, Circuit Judge. 1. The transcript fails to show that the justice had jurisdiction. That must affirmatively appear. 2. There was no affidavit or prayer for appeal, or order of the justice granting it.
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APPEAL from Perry Circuit Court. Hon. J. B. Wood, Circuit Judge. 1. The transcript fails to show that the justice had jurisdiction. That must affirmatively appear. 2. There was no affidavit or prayer for appeal, or order of the justice granting it. (Gantt’s Dig., sec. 3823.) The Circuit Court should have required the justice to appear and show whether an appeal was allowed or not. 1. The record shows that the action was upon contract within the jurisdiction of the justice and the voluntary appearance of the defendants. This settles the question of jurisdiction. 2. The law was substantially…
1Opinion of the CourtOockrill, C. J.
It is urged that the Circuit Court failed ® to acquire jurisdiction in these cases because, first, the justice of the peace who rendered the judgments had no jurisdiction; and, second, the justice failed to note upon his record the grant of an appeal in either case.
l.Jmisdiet i o n o f justice of
It is a sufficient answer to the first objection to say, the records disclose that the actions were upon contracts in amounts within the justice’s jurisdiction, and that the parties appeared before him and submitted to a regular trial. This was all that was necessary to confer jurisdiction.
As to the…
2Cited by3 opinions
- Farmers' Nat. Bank of Vinita v. First Nat. Bank of Pryor CreekSupreme Court of Oklahoma · 1909
- McAlister v. RobinsSupreme Court of Arkansas · 1911
- Buckley v. CollinsSupreme Court of Arkansas · 1913