State Bank v. Fowler, 14, 159..

State v. Reed, 45, 333

State v. Churchill, 48, 426......
State v. Brown, 30, 761..........
State v. Collins, 19, 587..

Stevens v. Oppenheimer, 45, 492.
Stewart v. Pettigrew, 28, 372...
Stewart v. Smiley, 46. 373..
Stewart v. State, 13, 720.....
Stillwell v. Oliver, 35, 184.
Stow, ex parte, 27, 354.
Straughan v. State, 16, 37.
Sturdy v. Jacoway, 19, 515.
Sweeptzer v. Gaines, 19, 96.
Sykes v. Laferry, 25, 99.

Talbot v. Wilkins, 31, 411.
Theurer v. Brogan, 41, 88, 92..

22

91

CASES ARGUED AND DETERMINED

IN THE

SUPREME COURT

OF THE

STATE OF ARKANSAS,

AT THE

NOVEMBER TERM, 1886.

[CONTINUED FROM VOLUME 48.]

SCOTT V. MEYER.

APPEAL: From J. P.

An appeal from a justice of the peace must be taken within thirty days after the judgment is rendered, and cannot be postponed by the continuance of a motion for new trial beyond that time.

APPEAL from Chicot Circuit Court.

J. M. BRADLEY, Judge.

D. H. Reynolds for appellant.

The judgment was not final until the motion for a new trial was disposed of. No appeal could be taken during the pendency of the motion.

2

Miller, ex parte.

SMITH, J. A case was tried on May 11, 1884, before a justice of the peace, without a jury, and judgment was rendered for the defendant. On May 11th the defeated party filed a motion for a new trial, which was overruled June 9th. An appeal was granted July 8th. This appeal the Circuit Court dismissed, as not being taken within the time prescribed by law.

Section 4135 of Mansfield's Digest provides that: "The appeal must be taken within thirty days after the judgment was rendered, and not thereafter."

The statute is peremptory. The pendency of the motion for a new trial does not enlarge the time. Smith and Washington v. The State, 48 Ark., 148. Affirmed.

MILLER, EX PARTE.

SIGNATURE: By mark.

The mark of one who cannot write is not prima facie a signature unless the person who writes the name writes his own name as a witness to it. But it may be proved as genuine by other testimony, though there be no attesting witness to it.

APPEAL from Desha Circuit Court.

J. A. WILLIAMS, Judge.

X. J. Pindall and James Murphy for appellant.

The court erred in excluding evidence that the parties who signed the petitioners' names by mark had authority so to do. Sec. 4524 Mansf. Dig.; 38 Ark., 278; Mans. Dig., sec. 6344. The petitioners in presenting their petition to the court adopted the signatures.