Miller v. Heard & Co.
Supreme Court of Arkansas
Writ of error tú the circuit court of Crawford county.,' This was a suit commenced before a justice of the peace/ by tire defendants in error, against the plaintiff in error, on a note for $50.-Judgment was given against Miller, he appealed to the circuit court of Crawford county, and the cause was determined, before the Hori; R. C. S. Brown, one of the circuit judges/ at a special term of the fcourt, in December, 1843. Miller was ruled by the court to give security for his…
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Writ of error tú the circuit court of Crawford county.,' This was a suit commenced before a justice of the peace/ by tire defendants in error, against the plaintiff in error, on a note for $50.-Judgment was given against Miller, he appealed to the circuit court of Crawford county, and the cause was determined, before the Hori; R. C. S. Brown, one of the circuit judges/ at a special term of the fcourt, in December, 1843. Miller was ruled by the court to give security for his áppeal,-with am Order that in default of his so doing, by the'next term, his appeal should be dismissed. He failed to…
1Opinion of the CourtOldham, J.
The question raised by the motion to dismiss this case, because the circuit court has no constitutional power to entertain appeals from the judgment's of justices of the peace, is not an open question. To dismiss the case, would be in violation of the settled principles and long established practice of this court, and would be at variance with the spirit and meaning of the constitution itself. This court has uniformly recognized, asserted and acted upon the principle that appeals lie to the circuit courts from the judgments and decrees of inferior tribunals. ’ From its first organization…
2Cases cited4 opinions
- Ex parte AnthonySupreme Court of Arkansas · 1844
- State v. GrahamSupreme Court of Arkansas · 1839
- Levy v. InglishSupreme Court of Arkansas · 1842
- Ex parte MartinSupreme Court of Arkansas · 1844