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16-19-1105. Trial on appeal.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-19-1105. Trial on appeal.
(a) Upon the return of the justice of the peace being filed in the clerk's office, the court shall be in possession of the cause and shall proceed to hear, try, and determine the cause anew on its merits, without any regard to any error, defect, or other imperfection in the proceedings of the justice of the peace.
(b) The same cause of action, and no other, that was tried before the justice of the peace shall be tried in the circuit court upon the appeal.
(c) No setoff shall be pleaded that was not pleaded before the justice of the peace if the summons was served on the person of the defendant.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-19-1105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-19-1105
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 41ed8da4162204421174e71ebf23bb9cf9aace9333c7d5f51fdd55bb0438d3bc
Source location: content.xml paragraph 11667
Stored source content
16-19-1105. Trial on appeal.
(a) Upon the return of the justice of the peace being filed in the clerk's office, the court shall be in possession of the cause and shall proceed to hear, try, and determine the cause anew on its merits, without any regard to any error, defect, or other imperfection in the proceedings of the justice of the peace.
(b) The same cause of action, and no other, that was tried before the justice of the peace shall be tried in the circuit court upon the appeal.
(c) No setoff shall be pleaded that was not pleaded before the justice of the peace if the summons was served on the person of the defendant.
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