{ "id": 1642495, "name": "Whiteley v. Pickens", "name_abbreviation": "Whiteley v. Pickens", "decision_date": "1956-01-23", "docket_number": "5-835", "first_page": "845", "last_page": "847", "citations": [ { "type": "official", "cite": "225 Ark. 845" }, { "type": "parallel", "cite": "286 S.W.2d 4" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "200 Ark. 990", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1453419 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/ark/200/0990-01" ] }, { "cite": "92 S. W. 2d 390", "category": "reporters:state_regional", "reporter": "S.W.2d", "opinion_index": 0 }, { "cite": "192 Ark. 529", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1414933 ], "opinion_index": 0, "case_paths": [ "/ark/192/0529-01" ] }, { "cite": "205 Ark. 789", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1488136 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/ark/205/0789-01" ] } ], "analysis": { "cardinality": 231, "char_count": 4064, "ocr_confidence": 0.49, "pagerank": { "raw": 4.314683990048975e-07, "percentile": 0.9171644756122848 }, "sha256": "0c80b05665c38d34a089213bbc8128d56c94936c79f83023261ed21c5c5ce14f", "simhash": "1:996e557d0e275cfd", "word_count": 735 }, "last_updated": "2023-07-14T16:45:58.446055+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Whiteley v. Pickens." ], "opinions": [ { "text": "J. Seaborn Holt, Associate Justice.\nAppellee obtained a judgment against appellant in tbe Municipal Court of the City of Fayetteville on April 12, 1955. On this same date appellant filed affidavit for an appeal, and later filed an appeal bond. On May 14, 1955, more than 30 days after entry of the judgment in the Municipal Court, appellant filed the transcript of the proceedings in the Washington Circuit Court. On May 16, 1955, appellee filed motion to dismiss appellant\u2019s appeal on the ground that it was not filed within the 30 day period which the law required. This motion was heard by the trial court on the proceedings (no testimony was taken) and the court sustained appellee\u2019s motion and dismissed the appeal. This appeal followed.\nAppellant says: \u2018 \u2018 This appeal rests solely upon the interpretation of Act 203 of 1953, and the application of that Act to the facts of this case.\u201d Act 203 of 1953 provides: \u201cSection 1. Section 1 of Act 323 of 1939, being Section 26-1307 of the Statutes of the State of Arkansas, be and the same is hereby amended to read as follows: \u2018If a party appeals from a justice of the peace judgment or a common pleas judgment or a municipal court judgment the clerk of the court or the justice of the peace of the court from which the appeal is taken must file the transcript of the judgment in the office of the Circuit Court Clerk within thirty (30) days after the rendition of the judgment.\u2019\n\u201cSection 2. All laws and parts of law in conflict herewith are hereby repealed,\u201d etc.\nSection 1 of Act 323 of 1939 [Now \u00a7 26-1307 Ark. Stats. 1947], which the above act amended, provided: \u201cA party who appeals from a justice of the peace judgment or a common pleas judgment or a municipal court judgment must file the transcript of the judgment in the office of the circuit court clerk within 30 daj^s after the rendition of the judgment. If the transcript of the judgment is not filed within 30 days after the rendition of the judgment, execution can be issued against the signers of the appeal bond.\u201d In construing this Section 1 of Act 323 of 1939 we said in Lytle v. Hill, 205 Ark. 789, 170 S. W. 2d 684, \u201cThis section gives finality to the judgments of inferior courts where the transcript of the judgment is not filed in the office of the clerk of the circuit court within thirty days after the rendition of the judgment . . . This act is not only mandatory, but is jurisdictional. The transcript must be filed with the clerk of the circuit court within 30 days to confer jurisdiction upon the circuit court. It was so expressly held in the case of Nowlin v. Merchants National Bank, 192 Ark. 529, 92 S. W. 2d 390, and the holding in the case of Bridgman v. Johnson, 200 Ark. 990, 142 S. W. 2d 217, is to the same effect.\u201d\nAs we construe Act 203 of 1953, it just simply amended Section 1 of Act 323 of 1939 [\u00a7 26-1307 Ark. Stats. 1947] so as to place the responsibility of filing the transcript, within the 30 day period, upon the clerk of the Municipal Court rather than upon \u201cthe party who appeals\u201d but left the burden on appellant to see that the transcript was so filed within that period. The Act also omits and repeals that provision, or the last sentence, in Section 1 of Act 323 which says: \u201cIf the transcript of the judgment is not filed within 30 days after the rendition of the judgment, execution can be issued against the signers of the appeal bond. \u2019 \u2019 This Act 203, however, leaves in full force and effect, and does not repeal, the second subdivision of \u00a7 26-1302 Ark. Stats. 1947, which provides: \u2018 \u2018 The appeal must be taken within thirty (30) days after the judgment was rendered, and not thereafter.\u201d\nWe hold that the burden was on appellant to see that the transcript was lodged with the Circuit Court within the 30 day period and that Act 203 of 1953, which was an amendment to Act 323 of 1939, does not change the law in this respect. Affirmed.", "type": "majority", "author": "J. Seaborn Holt, Associate Justice." } ], "attorneys": [ "Rex W. Perkins and David J. Burleson, for appellant.", "James R. Hole, for appellee." ], "corrections": "", "head_matter": "Whiteley v. Pickens.\n5-835\n286 S. W. 2d 4\nOpinion delivered January 23, 1956.\nRex W. Perkins and David J. Burleson, for appellant.\nJames R. Hole, for appellee." }, "file_name": "0845-01", "first_page_order": 867, "last_page_order": 869 }