{
  "id": 1352006,
  "name": "Shelton v. Little Rock Auto Company",
  "name_abbreviation": "Shelton v. Little Rock Auto Co.",
  "decision_date": "1912-03-25",
  "docket_number": "",
  "first_page": "142",
  "last_page": "145",
  "citations": [
    {
      "type": "official",
      "cite": "103 Ark. 142"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "44 Ark. 377",
      "category": "reporters:state",
      "reporter": "Ark.",
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        1893354
      ],
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    {
      "cite": "44 Ark. 377",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1893354
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        "/ark/44/0377-01"
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  "last_updated": "2023-07-14T20:15:27.433534+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Shelton v. Little Rock Auto Company."
    ],
    "opinions": [
      {
        "text": "Wood, J.,\n(after stating the facts). Section 1 of an act approved April 15, 1903, is as follows:\n\u201cBlacksmiths and wheelwrights who perform work or labor for any person, if unpaid for the same, shall have an absolute lien on the product of their labor and upon all wagons, carriages, farm implements and other articles repaired by them, for such work or labor and for all materials furnished by them and used in such product or repairs.\u201d\nSection 2 provides: \u201cAny person having a lien under this act, and desiring to avail himself of its provisions, shall, within thirty days after such work or labor is done or performed, or materials furnished, file with the clerk of the circuit court of the county in which the debtor resides a just and true account of the demand due, or becoming due, after allowing all credits, and containing a description of the property to be charged with said lien, verified by affidavit.\u201d\nSection 4 reads as follows: \u201cLiens accruing under this act may be enforced, at any time within four months after such accounts are filed, by suits as provided for the enforcement of laborers\u2019 liens in subdivision 3 of chapter 99 of Sandels & Hill\u2019s Digest.\u201d\nThe Legislature of 1909 amended section 2 of the above act (which is section 5014 of Kirby\u2019s Digest), as follows:\n\u201cSec. 1. That section 5014 of Kirby\u2019s Digest be so amended as to read as follows:\n\u201cSection 5014. Any person having a lien under this act, and desiring to avail himself of its provisions, shall, within thirty days after the bill for such work or labor or material furnished shall become due, file with a justice of township of county, of the county in which the debtor resides, a just and true account of the demand due, after allowing all credits, and containing .a description of the property to be charged with said lien, verified by affidavit.\u201d\n\u201cSection 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed, and this act to take effect from and after its passage.\u201d (Acts 1909, c. 323.)\nIt will be observed that the act of 1909, supra, does not repeal section 4 of the act of 1903, supra, prescribing that the liens accruing under the act \u201cmay be enforced by suits,\u201d etc. The suits to establish the lien and to declare the amount thereof must be brought in the court having jurisdiction of the amount which plaintiff claims, and for which he seeks to have the lien enforced. The act of April 15, 1903 (sections 5013 to 5016 inclusive of Kirby\u2019s Digest), takes up the entire subject of providing for liens for \u201cwheelwrights\u201d and for their enforcement. A wheelwright is \u201ca man whose occupation is to make or repair wheels and wheeled vehicles.\u201d Webster, Diet. According to this definition, appellants were wheelwrights, and their lien and the proceedings for their enforcement are governed by the provisions of the act of April 15,1903. This act of April 15, 1903, provides for the enforcement of the liens of wheelwrights by suits, etc. See section 4 of the act. It covers the whole subject, and is inconsistent with the provisions of the act of March 16, 1899, in so far as that act may affect the enforcement of the liens of wheelwrights, and repeals it.\nThe appellants sought to have a lien established and enforced for an amount in excess of three hundred dollars. The justice of the peace had no jurisdiction to declare a lien for such amount. Art. 7, \u00a7 40, Const. The justices of the peace can exercise only such jurisdiction as is expressly conferred upon them or such as may be necessary to make effective the jurisdiction expressly granted. Whitesides v. Kershaw, 44 Ark. 377. Therefore the court was correct in holding that appellants acquired no title to the property in suit, and in rendering judgment for the appellee.\nThe judgment is affirmed.",
        "type": "majority",
        "author": "Wood, J.,"
      }
    ],
    "attorneys": [
      "C. Floyd \u2018Huff, for appellants.",
      "Greaves & Martin, for appellee."
    ],
    "corrections": "",
    "head_matter": "Shelton v. Little Rock Auto Company.\nOpinion delivered March 25, 1912.\n1. Laborer\u2019s lien \u2014 repair op automobile. \u2014 Under act of April 15, 1903, providing a lien in favor of \u201cwheelwrights\u201d who perform work or labor upon \u201cwagons, carriages,\u201d etc., one who repairs an automobile is entitled to have a lien in his favor enforced thereon. (Page 144.)\n2. Same \u2014 construction op statute. \u2014 The act of April 15, 1903, providing for the enforcement of the lien of wheelwrights by suits, etc., covers the whole subject, and is inconsistent with the provisions of the act of March 16, 1899, authorizing mechanics and artisans \u201cto sell property on which they hold a lien for work,\u201d in so far as that act may affect the enforcement of the liens of wheelwrights. (Page 145.)\n3. Justice op the peace \u2014 jurisdiction.\u2014A justice of the peace has no jurisdiction to enforce a laborer\u2019s dien for repair of an automobile for an amount in excess of $300. (Page 145.)\nAppeal from Garland Circuit Court; C. T. Gotham, Judge;\naffirmed.\nSTATEMENT BY THE COURT.\nThe appellee, being the owner of the automobile and equipments in controversy, sold them to one C. O. Steele, and for the purchase price thereof accepted two promissory notes from Steele in the following form for $800 each, respectively:\n\u201cLittle Rock, Ark., April 22, 1909.\n\u201cThree months after date, I hereby promise to pay to the Little Rock Auto Company three hundred dollars in part payment for one 1908 Regal Automobile, this note to bear interest at the rate of eight per cent, from date. It is expressly understood that this car is to remain the property of the Little Rock Auto Company until the full purchase amount is paid.\n(Signed) \u201cC. O. Steele.\u201d\nThese notes were never paid. Subsequent to this sale, the automobile was put in the garage of the appellants by C. O. Steele, and the labor was expended by appellant\u2019s employees in repairing the automobile for Steele, all unknown to appellee. Appellants afterwards filed a claim for a laborer\u2019s lien in excess of three hundred dollars, and an affidavit and bond before a justice of the peace of the township, claiming a laborer\u2019s lien on the automobile, and the machine was sold in pursuance thereof to appellants for a sum in excess of three hundred dollars. Until subsequent to this sale appellee had no knowledge of the laborer\u2019s lien, or that the machine had been sold thereunder. Afterwards appellee brought suit in the Garland Circuit Court in replevin, and appellants answered, setting up their right to the automobile under the laborer\u2019s lien and sale thereunder.\nC. Floyd \u2018Huff, for appellants.\nThe sale was not made by the justice\u2019s court, or under its orders, but in pursuance of Kirby\u2019s Dig., \u00a7\u00a7 5017-18.\nGreaves & Martin, for appellee.\nThe judgment was void. The justice had no jurisdiction of a lien over $300. 44 Ark. 377; 48 Id. 301; Acts 1909, p. 950; Acts 1911, 324; Kirby\u2019s Dig., \u00a7 5104."
  },
  "file_name": "0142-01",
  "first_page_order": 164,
  "last_page_order": 167
}