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Crow v. Hardage

Crow ad. v. Hardage

Crow v. Hardage, 24 Ark. 282 (1866)
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Court
Supreme Court of Arkansas · State Highest Courts
Decided
December 15, 1866
Judges
Clendenin
Citations
24 Ark. 282
Headnotes
This court has no jurisdiction by appeal, unless the prescribed affidavit is filed( or waived of record.
Summary
Appeal from Ciarle Circuit Court. Hon. A. W. Hargroves, Circuit Judge. ■

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Clendenin

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Mr. Justice ClendeNIN delivered tbe opinion of the court.

"W"e learn from the record in this case that it was a case tried before a justice of the peace, appealed to the circuit court, and tried and determined in that court, and an appeal prayed therefrom to this court.

The first question that presents itself for our consideration is as to the jurisdiction of this court.

O.ur attention is called by the counsel of the appellees, in his brief, to the fact that the record in this court does not show that the affidavit required by law to perfect an appeal to this court was filed by the appellant in the circuit court. Hpon inspection of the record, we find that it does not show that any affidavit was filed in the circuit court, nor was it waived. "We are, therefore, under the decisions of this court heretofore made on this point, without jurisdiction, and the appeal must be dismissed. See The Bank of the State vs. Hinchcliff, 4 Ark., 444; McJenkin, vs. State Bank, 2 English, 232; Town vs. Wilson, 2 English, 386; Wilson vs. Dean,, 5 English, 308.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1909: 11910: 11915: 11934: 119092026peak 1909 · 1

Relies on it most ⓘ

  1. Baker v. Cureton150 P. 1090 (Okla. 1915)
  2. Walker v. Noll122 S.W. 488 (Ark. 1909)
  3. Tharp v. Barnett124 S.W. 1027 (Ark. 1910)
  4. Torrence v. Benton76 S.W.2d 74 (Ark. 1934) · Dissent

Most recent

  1. Torrence v. Benton76 S.W.2d 74 (Ark. 1934) · Dissent
  2. Baker v. Cureton150 P. 1090 (Okla. 1915)
  3. Tharp v. Barnett124 S.W. 1027 (Ark. 1910)
  4. Walker v. Noll122 S.W. 488 (Ark. 1909)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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