Norman v. Fife
Supreme Court of Arkansas
Appeal from Union Circuit Court in Chancery. ChareES W. Smith, Judge. STATEMENT BY THE COURT. This was an action brought before a justice of the peace by John Norman against Samuel U. Fife. An attachment was issued and levied upon certain personal property belonging to Fife. The justice gave judgment against Fife for $121.45, the amount claimed by Norman, and sustained the attachment. The property attached was sold under order of the court.
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Appeal from Union Circuit Court in Chancery. ChareES W. Smith, Judge. STATEMENT BY THE COURT. This was an action brought before a justice of the peace by John Norman against Samuel U. Fife. An attachment was issued and levied upon certain personal property belonging to Fife. The justice gave judgment against Fife for $121.45, the amount claimed by Norman, and sustained the attachment. The property attached was sold under order of the court. In the meantime, Fife had taken an appeal to the circuit court. In that court judgment was again rendered against Fife for $121.45, for the debt due…
1Opinion of the Court
Riddick, J.,
Jurisdiction on appeal from a justice.
(after stating the facts.) The only question here relates to the validity of the judgment rendered by the circuit court upon the attacnment bond. The court gave judgment not only for forty dollars damages, but also for the return of the property or its value — $311.25. This amount exceeded the jurisdiction of the justice of the peace. In Whitesides v. Kershaw, 44 Ark. 377, it was said that on appeal- the jurisdiction is derived from and dependent upon the appeal; and the circuit court can render no judgment that the justice could not have…
2Cases cited6 opinions
- Trentman v. WileyIndiana Supreme Court · 1882
- Porter v. KnightSupreme Court of Iowa · 1884
- Whitesides v. KershawSupreme Court of Arkansas · 1884
- Blass v. LeeSupreme Court of Arkansas · 1892
- Steck v. MaharSupreme Court of Arkansas · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Suit v. StateSupreme Court of Arkansas · 1947
- Burns v. HarringtonSupreme Court of Arkansas · 1924
- Ford v. StateSupreme Court of Arkansas · 1911
- Fly v. Grieb's AdministratorSupreme Court of Arkansas · 1896
- Webb v. KelseySupreme Court of Arkansas · 1899
8 more not listed; retrieve them via the Exa API.