Winter & Co. v. Simpson
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court. Hon. C. E. Mitchel, Circuit Judge. I. Did the Circuit Court err in overruling the motion to dismiss the appeal ? The act of the justice of the peace, in granting or refusing a supersedeas upon it, is merely ministerial, and the issuance of it, when improperly refused, can only be enforced by mandamus, and the Circuit Court obtains no jurisdiction on appeal.
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APPEAL from Nevada Circuit Court. Hon. C. E. Mitchel, Circuit Judge. I. Did the Circuit Court err in overruling the motion to dismiss the appeal ? The act of the justice of the peace, in granting or refusing a supersedeas upon it, is merely ministerial, and the issuance of it, when improperly refused, can only be enforced by mandamus, and the Circuit Court obtains no jurisdiction on appeal. Smith v. Rags-dale, 36 Ark., p. 297. In that case the justice of the peace refused the superse-deas, because the schedule was against an executiou on a judgment in replevin. This amounted simply to holding…
1Opinion of the CourtEakiN, J.
Appellants, in March, 1881, before a justice of the peace, recovered a. judgment against T. J. Simpson and another. On the seventeenth of October, following, they sued a writ of garnishment against John Duval and M. Britt, to appear and answer as to their indebtedness, etc., to Simpson. On the twenty-third of October, Simpson gave Winter & Oo. notice of his intention, and on the thirtieth, filed a schedule on oath, of articles of property claimed by him as exempt, including the debt due him from Duval and Britt, and prayed that the writ of garnishment which had been issued for that debt might…
2Cited by3 opinions
- Collins v. HawkinsSupreme Court of Arkansas · 1905
- Ouachita County v. RumphSupreme Court of Arkansas · 1884
- Biggs v. ColbyCourt Of Appeals Of Indian Territory · 1902