Schlief v. State

Decided May 15, 1882

Supreme Court of Arkansas · decided 1882-05-15

Hon. H. B. Stuart, Circuit Judge. STATEMENT. On the twenty-seventh of September, 1881, TheodoreSchlief was tried and convicted before a justice of the peace, in Polk county, of malicious mischief, in shooting-a mule of C. B. Sale; was lined twenty dollars, and further adjudged to pay to Sale, for damages, the sum of twenty-five dollars, and also to pay all cost of .the prosecution, and was ordered into the custody of the sheriff until the fine and cost were paid.

Cited by 1 later decisions — most recently June 1903

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1882-05-15

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¶1OPINION.

Harrison, J.

¶2The bill of sale from the defendant to the sheriff, which was in effect a mortgage to secure the payment of the fine and costs, was no payment thereof. Floyd v. The State, 32 Ark., 200. And if the fine and costs had been in fact paid, that was not a satisfaction of the entire judgment; the damages adjudged Sale remained unpaid, and the case was not within the meaning of section 2103 of Gantt’s Digest, which says: “No appeal shall betaken from a judgment of a justice’s court after it has been paid or collected. The court below erred in dismissing the appeal from the justice’s court.”

¶3Reversed and remanded.