Goings v. Mills
Supreme Court of Arkansas
Error id Pulaski Circuit Court. The facts in this case are stated with great particularity in the opinion delivered. The questions raised upon argument, were: 1st, Whether the Circuit Court could order an appeal to be granted by a Justice of the Peace, after more than thirty days had elapsed since the rendition of the judgment before him. 2d, The right of the Circuit Court to hear, try, and determine the case without an appeal haying been prayed before the Justice. 3d, The…
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Error id Pulaski Circuit Court. The facts in this case are stated with great particularity in the opinion delivered. The questions raised upon argument, were: 1st, Whether the Circuit Court could order an appeal to be granted by a Justice of the Peace, after more than thirty days had elapsed since the rendition of the judgment before him. 2d, The right of the Circuit Court to hear, try, and determine the case without an appeal haying been prayed before the Justice. 3d, The propriety of admitting a certain receipt in evidence, given by the Constable, without proof that he was authorized to…
1Opinion of the Court
JIingo, Ch. J.,
delivered the opinion of the Court:
This was an action commenced before John Hott, a Justice of the peace, by the plaintiff in error against the defendant, founded on a promissory note for |';30 ¿¡0. The original summons bears date and appears to have been duly executed on the defendant on the lllh day of May, 1835. On the 21st day of May, 1835, that being the return day of the summons, the plaintiff obtained a judgment by default ibr the amount of her said debt and also sixty-eight cents damages and costs of suit. On the 28th day of October, 1835, Milk applied to the Circuit…
2Cited by11 opinions
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- Smith v. CarterSupreme Court of Arkansas · 1913
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