A Digest of the Statutes of Arkansas, Embracing All Laws of a General and Permanent Character in Force at the Close of the Session of the General as

A Digest of the Statutes of Arkansas, Embracing All Laws of a General and Permanent Character in Force at the Close of the Session of the General as

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 edition. Excerpt: ...for all payments indorsed thereon, with costs. Second. If a suit be not founded on an instrument of writing, as is declared in the preceding clause of this section, and the plaintiff appear in person, or by agent, the justice shall proceed to hear his allegations and proofs, and shall determine the cause as the very right thereof shall appear from the testimony; and if it shall appear from such testimony that the plaintiff is entitled to recover, judgment shall be rendered by default against the defendant for so much as the testimony shows the plaintiff to be entitled to, together with costs; and if it do not appear that the plaintiff ought to recover, judgment shall be given for the defendant as upon a verdict against the plaintiff. Sec. 87. If the plaintiff fail to appear, except where the suit is founded on an instrument of writing, as declared in the first clause of the preceding section, the justice shall render judgment of non-suit against the plaintiff with costs; and in all cases, not otherwise specially provided for, if the plaintiff fail to appear, in person or by agent, within three hours after the time appointed for the trial of the cause, the justice shall render judgment of non-suit against him, with costs. Sec. 88. Every justice of the peace shall have power, on the application of the party aggrieved, to set aside a judgment of non-suit or by default, upon such terms as shall be just. Sec. 89. Every such application shall be made within fifteen days after the rendering of the judgment, and if, in the mean time, an execution has been issued, the justice may revoke the same in the manner hereinafter provided for revoking an execution after an appeal has been allowed, and with like effect. Sec. 90. The justice shall, in all...show more

Product details

  • Paperback | 580 pages
  • 189 x 246 x 30mm | 1,021g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236655397
  • 9781236655394