Public-domain · open source
OpenJurist

49 Ark. 17

Scott v. Meyer

Supreme Court of Arkansas

Decided November 15, 1886

Supreme Court of Arkansas · decided 1886-11-15

J. M. Bradley, Judge. The judgment was not final until the motion for a new trial was disposed of. No appeal could be taken during the pendency of the motion.

Cited by 1 later decisions — most recently July 1907

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-11-15

View the full empirical analysis of this case →

Smith, J.

¶1A case was. tried on May n, 1884, before a justice of the peace, without a jury, and judgment was rendered for the defendant. On May nth the defeated party filed a motion for a new trial, which was overruled June 9th. An appeal was granted July 8th. This appeal the Circuit Court dismissed, as not being taken within the time prescribed by law.

¶2Section 4135 of Mansfield’s Digest provides that: “The appeal must be taken within thirty days after the judgment was rendered, and not thereafter.”

¶3The statute is peremptory. The pendency of the motion for a new trial does not enlarge the time. Smith and Washington v. The State, 48 Ark., 148. Affirmed.

/49/ark/17 · .json · Public domain