Lochridge Dry Goods Co. v. Daniels
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. The Ferguson-McKinney Dry Goods Company, a corporation of St. Louis, Missouri, commenced this action before a justice of the peace against W. W. Townsend and the Kansas City Southern Railway Company to recover the value of a bale of sheeting.
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Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. The Ferguson-McKinney Dry Goods Company, a corporation of St. Louis, Missouri, commenced this action before a justice of the peace against W. W. Townsend and the Kansas City Southern Railway Company to recover the value of a bale of sheeting. W. W. Townsend answered and denied liability and asked that Fred H. Daniels, doing business as the Daniels Transfer Company, be made a party defendant to the action and that he have judgment against it if the plaintiff should recover judgment against him. The Daniels…
1Opinion of the Court
Hart, J.,
(after stating the facts). (1-2-3) It is contended by counsel for appellant that the claim of the Daniels Transfer Company against the Lochridge Dry Goods Company is barred by the statute of limitations. No written pleadings were filed either in the justice court or the circuit court. It is well settled in this State that in proceedings before a justice of the peace, the pleading may be oral and no greater formality is required when the case reaches the circuit court on appeal. When the case reached the circuit court, the defendant may have. indicated orally what his plea was, but…
2Cases cited3 opinions
- Mt. Nebo Anthracite Coal Co. v. MartinSupreme Court of Arkansas · 1908
- Billingsley v. AdamsSupreme Court of Arkansas · 1912
- Merrill v. ManeesSupreme Court of Arkansas · 1858
3Cited by3 opinions
- Arkansas Brick & Tile Co. v. CrabtreeSupreme Court of Arkansas · 1927
- Davidson v. MayhueSupreme Court of Arkansas · 1915
- W. P. Galloway Co. v. PuryearSupreme Court of Arkansas · 1929