Legal Opinion

Woodruff v. Barr

Supreme Court of Arkansas

Decided December 6, 1915PublishedCited by 1 opinion

Appeal from Sebastian ‘Chancery Court, Greenwood District; W. A. Falconer, Chancellor; 1. The count had no jurisdiction because the case was in reality never appealed. No transcript was filed as required by law.

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Appeal from Sebastian ‘Chancery Court, Greenwood District; W. A. Falconer, Chancellor; 1. The count had no jurisdiction because the case was in reality never appealed. No transcript was filed as required by law. Kirby’s Digest, § 4670; 8 Words and Phrases, 7063; 72 Pac. 976; 43 Ore. 558; 19 N. W. 634; 16 Neb. 68; 57 N. W. 161; 7 Ark. 203; 16 Ark. 485; 43 Id. 233-485; 7 Id. 11; 5 Id. 474; 6 Id. 252; 73 Id. 608; ’24 Cyc. 703. 2. Default judgment was taken against appellant before default day. Kirby’s Digest, § 6188. 3. The judgment was rendered upon a verdict of eleven men and not a jury. 4…

1Opinion of the Court

'Smith, J.

Appellant brought suit by attachment in the court of a justice of the peace to enforce a demand against a certain crop of hay. Upon the trial before the justice, he recovered judgment for the sum of $225, and the attachment was sustained. An appeal was duly prosecuted to the circuit court, where, apon a trial before the jury, the attachment wa,s dissolved and a verdict rendered in appellee ’is> favor for the sum of $250 as damages.(1) It is urged that the court below acquired no jurisdiction of this appeal for the reason that it was never properly perfected. But this position is not…

2Cited by1 opinion

  1. S. R. Morgan & Co. v. PaceSupreme Court of Arkansas · 1920

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