Legal Opinion

Hart v. Lequieu

Supreme Court of Arkansas

Decided November 24, 1913PublishedCited by 11 opinions

Appeal from Pulaski Circuit Court; Guy Fulh, Judge; statement by the court. This was an action brought by the appellees in the court of a justice of the peace to enforce a laborer’s lien against a certain crop of vegetables in the possession of appellant.

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Appeal from Pulaski Circuit Court; Guy Fulh, Judge; statement by the court. This was an action brought by the appellees in the court of a justice of the peace to enforce a laborer’s lien against a certain crop of vegetables in the possession of appellant. On December 20, 1912, which was the return day of the summons and attachment, the case was tried and judgment rendered in favor of appellees for the sum of $299.99 and the attached property was ordered sold-in satisfaction of this judgment. Appellant filed an affidavit and bond for an appeal on the 30th day of Decern- * ber, 1912, and…

1Opinion of the Court

Smith, J.,

(after stating the facts). Section 4670 of Kirby’s Digest reads as follows:

“On or before the first day of the circuit court next after the appeal shall have been allowed, the justice shall file in the office of the clerk of such court a transcript of all the entries made in his docket relating to the cause, together with all the process and all the papers relating to such suit.”

This section has been construed in several cases and it has been held that while the statute makes it the duty of the justice of the peace to file the transcript in the clerk’s office within the time…

2Cases cited6 opinions

  1. McPherson v. Consolidated Casualty Co.Supreme Court of Arkansas · 1912
  2. Smith v. AllenSupreme Court of Arkansas · 1876
  3. Hughes v. WheatSupreme Court of Arkansas · 1877
  4. McGehee v. Carroll & JonesSupreme Court of Arkansas · 1876
  5. Wilson v. StarkSupreme Court of Arkansas · 1886

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Smith & Shoptaw v. StantonSupreme Court of Arkansas · 1933
  2. Bridgman v. JohnsonSupreme Court of Arkansas · 1940
  3. Lytle v. HillSupreme Court of Arkansas · 1943
  4. Loveland v. State PharmacySupreme Court of Arkansas · 1916
  5. Briner v. HollemanSupreme Court of Arkansas · 1914

6 more not listed; retrieve them via the Exa API.

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