Ayers v. Jones
| Decision Date | 23 December 1907 |
| Parties | AYERS v. JONES |
| Court | Arkansas Supreme Court |
Appeal from Howard Circuit Court; W. V. Tompkins, Special Judge reversed.
Reversed and remanded.
W. P Feazel, for appellant.
1. Under the statute appellant here was entitled to judgment in the circuit court for his costs, his recovery in that court being equal to or greater than the judgment recovered in the justice's court. Kirby's Digest, §§ 983 984.
2. If there was any offer to confess judgment in the justice's court, appellees here waived or abandoned the same by appealing to the circuit court.
Sain & Sain, for appellees.
Appellees were entitled to the benefits arising from their offer to confess judgment for the amount shown to be due by their books, and on appellee's refusal in circuit court to accept same costs were rightfully adjudged against him. Kirby's Dig. §§ 4655, 6283-4.
F. T Ayers commenced an action against Jones & Merrill, before a justice of the peace, W. L. Shofner, on an account for fifty dollars. He filed an affidavit with the justice, stating that his claim against the defendants, Jones & Merrill, was for money due on open account for logs furnished the defendants at their request, that it was a just claim, and that he ought to recover thereon the sum of $ 50.00; and that the defendant had sold, conveyed or otherwise disposed of their property with the fraudulent intent to cheat, hinder and delay their creditors, or that they were about to sell or dispose of their property with such intent. Upon this affidavit what is called by the plaintiff an attachment was issued, directed to a constable, which was returned by him duly served. On the return day of the writ and summons Jones & Merrill filed an affidavit for change of venue, which was granted, and the cause was transferred to W. O. Dorsey, justice of the peace in another township. On the 21st day of September, 1906, the cause coming on for trial, the justice of the peace rendered judgment in favor of the plaintiff and against the defendants for $ 32.50, and dissolved the attachment. On the 14th of October, 1906, Jones & Merrill took an appeal to the circuit court, filing an affidavit and supersedeas bond for that purpose. On the 21st of February, 1907, in the trial of the issues in the case in the circuit court, judgment was rendered in favor of the plaintiff and against the defendants for the sum of $ 32.79. On the same day Jones & Merrill moved the court to retax the costs in the case by adjudging all the costs against the plaintiff for the reason that they (defendants) had offered to confess judgment in his favor for as...
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