Taylor v. Hogan, 1 Ark. Terr. Rep. 16 (1822)

Aug. 1822 · Superior Court of the Territory of Arkansas

1 Ark. Terr. Rep. 16

John Taylor vs. Edmund Hogan.

It is no ground for revex-sing tbe judgment of a justice rendered on a specialty, that neither the plaintiff nor his agent appeared at the trial, and the appellate court, instead of determining the cause on the transcript from the justice, should have tiled it de novo on the mex-its.

August, 1822.

— Error to Pulaski Circuit Court, determined before Benjamin Johnson, Andrew Scott, and Joseph Selden, judges.

Opinion oe the Court. — This was an appeal from a justice of the peace to the court below, where the judgment was reversed on the ground that the plaintiff did not appear before the justice in person, or by agent duly empowered by letter of attorney, on the day of trial. We are of opinion that the court erred in reversing the judgment of the justice on that ground, the suit having been brought on a specialty; and also erred in determining the case on the transcript from the justice alone, when it should have been tried on the merits as though the suit had originated in that court. Geyer’s Digest, 390.

Reversed.