Robinson v. Arkansas Loan & Trust Co.
| Decision Date | 11 June 1904 |
| Citation | 81 S.W. 609,72 Ark. 475 |
| Parties | ROBINSON v. ARKANSAS LOAN & TRUST COMPANY. VANCE v. CALHOUN. |
| Court | Arkansas Supreme Court |
Appeal from Lonoke Chancery Court, THOMAS B. MARTIN, Chancellor.
Appeal from Hot Spring Chancery Court, LELAND LEATHERMAN Chancellor.
The first case was a bill of review by H. F. Robinson against Arkansas Loan & Trust Company. Judgment for defendant, from which plaintiff appeals.
The second case was a suit by Lon Calhoun against E. H. Vance Jr. Judgment for plaintiff, from which defendant appeals. Motion to dismiss the appeal in each case. Denied in the first case; granted in the second.
Appeal dismissed.
Trimble & Robinson, for Robinson.
Morris M. Cohn, for Arkansas Loan & Trust Company.
E. H Vance, Jr., for Vance.
N. P Richmond, for Calhoun.
In the first case the appellee moves to dismiss the appeal because no notice that it had been granted was served upon the appellees within one year after the decree appealed from was rendered. The appeal was granted by the clerk within the year, and an authenticated copy of the record in the case was filed in this court at or before it was granted, but, through a misunderstanding of the attorneys of appellants as to an agreement of the appellees to enter their appearance, the notice was not served within the year.
In the other case two appeals were granted, one by the Hot Spring chancery court, which rendered the decree appealed from, and the other by the clerk of this court. The appellee moves to dismiss the second appeal, because the first was granted on the same day the decree was rendered, and appellant filed in the chancery court a supersedeas bond, whereby the execution of the decree was stayed until the determination of the appeal, and, while said appeal was pending and the execution of the decree was stayed and superseded, took the second appeal.
The statutes of this state require appeals to this court to be taken within one year after the decree or judgment appealed from was rendered. What is an appeal? "The word, when accurately used in law matters, means the removal of a suit in equity, or of an action at law, from an inferior to a superior court." Elliott, Appellate Procedure, § 15. When the appeal is granted, and an authenticated copy of the record is filed in the supreme court, the suit or action is thereby removed. The filing of the copy of the record is necessary, because it is the source from which the appellate tribunal obtains its knowledge of the facts in the case and of the questions upon which it is its duty to pronounce judgment. When it is filed, the appellate court's jurisdiction of the subject-matter is complete, and the cause is removed. No other act is required to be done which can aid in the accomplishment of this object. The statutes treat the appeal as complete before any notice is given, because they say: "Unless the appeal is granted by the inferior court, or the appellee enters his appearance in the supreme court, he...
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State v. Rosser
...referring particularly to that case we direct attention to a later decision of the supreme court of Arkansas in Robinson v. Arkansas Loan & Trust Co., 72 Ark. 475, 81 S.W. 609, wherein the court "The statutes of this state require appeals to this court to be taken within one year after the ......
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State v. Rosser
... ... later decision of the supreme court of Arkansas in ... Robinson v. Arkansas Loan & Trust Co., 72 Ark. 475, ... ...
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Noble v. State
...Therefore, I dissent.Goodson and Hart, JJ., join in this dissent.1 This rule was first recognized in Robinson v. Arkansas Loan & Trust Co., 72 Ark. 475, 81 S.W. 609 (1904), in which this court stated:When the appeal is granted and an authenticated copy of the record is filed in the superior......
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...virtue of the appeal. Kirby's Dig., § 2446; 6 Ark. 100; 27 Ark. 296; 150 U.S. 31; 15 Wall. 384; 18 Wall. 163; 101 U.S. 745; 11 Ark. 631; 72 Ark. 475; 88 Ark. 391. The jurisdiction the Supreme Court can attach only when the appeal is perfected by lodging the transcript of the record in said ......