McCall Co. v. Smith
Supreme Court of Arkansas
Appeal from Boone 'Circuit Court; George W. Reed, Judge; STATEMENT by the court. Suit was instituted by the ¡appellant .against the appellees before a justice of the'peace to recover for an alleged balance due on account for merchandise, ¡etc., alleged to have been furnished ¡on a ¡contract between appellant and appellee’s. At the hearing the appellant, to sustain its claim, offered certain ¡evidence which the justice •of the peace held to be inadmissible.
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Appeal from Boone 'Circuit Court; George W. Reed, Judge; STATEMENT by the court. Suit was instituted by the ¡appellant .against the appellees before a justice of the'peace to recover for an alleged balance due on account for merchandise, ¡etc., alleged to have been furnished ¡on a ¡contract between appellant and appellee’s. At the hearing the appellant, to sustain its claim, offered certain ¡evidence which the justice •of the peace held to be inadmissible. The record of the justice of the peace contains this recital: “The evidence offered 'by the plaintiff being held inadmissible by the…
1Opinion of the Court
Wood, J.,
(after stating the facts). The only question presented by this appeal, is whether or not the record of the justice of the peace, stating that “ at the suggestion of plaintiff’s attorney the jury returned a verdict for the defendants” showed on its face, a judgment by consent.(1) The error, if any, appears on the face of the record, and it was not necessary, therefore, to have a bill of exceptions in order to have the ruling of the trial court in passing on the motion to dismiss, reviewed.
(2-3) The recitals of the justice’s record are not sufficient to show a judgment by confession or…
2Cases cited2 opinions
- Saleski v. BoydSupreme Court of Arkansas · 1877
- Cave v. SmithSupreme Court of Arkansas · 1912
3Cited by2 opinions
- Watson v. WhiteSupreme Court of Arkansas · 1950
- Budget Tire & Supply Co. v. First National Bank of Fort SmithCourt of Appeals of Arkansas · 1996