{
  "id": 1885777,
  "name": "HERNDON v. GOFF et al.",
  "name_abbreviation": "Herndon v. Goff",
  "decision_date": "1871-12",
  "docket_number": "",
  "first_page": "334",
  "last_page": "336",
  "citations": [
    {
      "type": "official",
      "cite": "27 Ark. 334"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T21:05:16.282217+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "HERNDON v. GOFF et al."
    ],
    "opinions": [
      {
        "text": "Gregg, J.\nThis is a suit of forcible entry and detainer, brought, by the appellees against the appellant, before a justice-of the peace under Section 497 of the Civil Code of Practice.\nThe appellants plead the general issue, a trial was had before a jury, a verdict and judgment rendered in favor of the appellees.\nThe finding was traversed, and an appeal taken to the Circuit Court, wherein another jury trial was had with like result. The appellant then moved for a new trial, which motion was overruled; he filed his bill of exceptions and appealed to this court.\nTwo grounds -were assigned for a new trial':\nFirst. That the jury found for the plaintiffs contrary to the law and the evidence.\nSecond. That the court erred in refusing instructions asked for by the defendant.\nThe evidence was sufiicient to sustain the verdict.\nThe first instruction asked by the defendant was: \u201cIf the jury believe -from the evidence that there are improper parties to this suit they will find for the defendant.\u201d\nHis fourth instruction was, that \u201c An action of forcible entry and detainer can in no sense of the word be matter of contract, and any law giving magistrates jurisdiction of said action, is unconstitutional and void, and if the jury find from the evidence that this suit was brought before a justice of the peace, they will find for the defendant.\u201d\nIlis sixth instruction -was, that \u201c The pro of\" must correspond with the allegations made in the complaint, and if the jury believe from the evidence that the relationship of landlord and tenant does not exist between the plaintiffs or any one of said plaintiffs and the defendant, they will find for the defendant.\u201d\nAll other instructions asked for by defendant were given, and we are of opinion that the court did not err in refusing the three above quoted.\nWhether or not the parties to the suit were misjoined, was not a fact to be found by the jury upon the issue before them. And if there was some improper party plaiphiff, as the appellant seemed to urge by his sixth instruction, it should have been determined at a different time and in a different manner, and not by a response from the jury upon the traverse before them.\nIf the appellant had desired to test the constitutionality of the law, ho should have plead to the jurisdiction of the court or moved in arrest of its judgment.\nThese being the only grounds assigned for a new trial, the court did not err in overruling the motion.",
        "type": "majority",
        "author": "Gregg, J."
      }
    ],
    "attorneys": [
      "A. H. Garland, for Appellant.",
      "Bindalls, for Appellees."
    ],
    "corrections": "",
    "head_matter": "HERNDON v. GOFF et al.\nForcible Entry and Detainer. \u2014 Under Section 497 of the Code of Practice on traverse of the verdict of a jury, on appeal to the Circuit Court \u2014 Held, That the jury in their verdict could not pass upon the question of misjoinder of parties or upon the constitutionality of the law.\nAPPEAL PROM ARKANSAS CIRCUIT COURT.'\nIIon. Henry B. Morse, Circuit Judge.\nA. H. Garland, for Appellant.\nBindalls, for Appellees."
  },
  "file_name": "0334-01",
  "first_page_order": 350,
  "last_page_order": 352
}