Fly v. Grieb's Administrator
Supreme Court of Arkansas
Appeal from Saint Francis Circuit Court. Grant Green, Jr., Judge. 1. The circuit court had no jurisdiction, on appeal from a justice, to render judgment for $950, or forpossession of property of that value.
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Appeal from Saint Francis Circuit Court. Grant Green, Jr., Judge. 1. The circuit court had no jurisdiction, on appeal from a justice, to render judgment for $950, or forpossession of property of that value. A motion for new trial was not necessary. 31 S. W. 740. 2. Had there been jurisdiction, it was error to render judgment for the value of the goods which were not in possession of appellants. 33 Ark. 31; 34 id. 399. The agreement in the justice’s court could add nothing to that court’s jurisdiction. 1. The question of jurisdiction was waived in the court below. In an attachment suit before…
1Opinion of the CourtWood, J.
Five suits were begun before a justice of the peace, each for an amount within the justice’s jurisdiction. Writs of attachment were issued in each case, and all the writs were levied upon property of the defendant in the attachment. Appellee filed his interplea in the cause in which appellants were plaintiffs, but he gave no bond; and the attached property was sold by order of the court, and the proceeds of the sale Were held by the officer. There was a written agreement upon the part of counsel that the interplea filed in the one cause should be considered as filed in each of the causes,…
2Cases cited2 opinions
- Norman v. FifeSupreme Court of Arkansas · 1895
- Hoppe v. ByersSupreme Court of Iowa · 1874
3Cited by6 opinions
- Farmers State Bank of Newkirk v. HessSupreme Court of Oklahoma · 1929
- Davis v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1904
- Hughes Bros. Mfg. Co. v. ReaganCourt Of Appeals Of Indian Territory · 1902
- Swift & Co. v. RussellCourt of Appeals for the Eighth Circuit · 1899
- Maloney v. Jones-Wise Commission Co.Supreme Court of Arkansas · 1915
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