Public-domain · open source
OpenJurist

Ark. Code Ann. § 16-19-1105

Trial on appeal

Applied in 5 court decisions — leading case McElhanon v. State (1997)

Most recently applied in Swint v. State (March 2004)

Acts 1873, No. 135, §§ 102, 113, p. 430; C. & M

How often courts cite this section

198919902000200420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Upon the return of the justice of the peace being filed in the clerk's office, the court shall be in possession of the cause and shall proceed to hear, try, and determine the cause anew on its merits, without any regard to any error, defect, or other imperfection in the proceedings of the justice of the peace.

(2) The same cause of action, and no other, that was tried before the justice of the peace shall be tried in the circuit court upon the appeal.

(3) No setoff shall be pleaded that was not pleaded before the justice of the peace if the summons was served on the person of the defendant.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.