K. C., S. & Memphis R. R. v. Summers
Supreme Court of Arkansas
APPEAL from Fulton Circuit Court.. Hon. R. H. Powell, Circuit Judge. 1. There was no service in the j ustice’s court on the railroad „ and the justice had no jurisdiction in the premises, and the circuit court acquired none on appeal. 2. No claim having been made in the justice’s court for double damages for not posting, no claim for such should have been entertained in the circuit court. 4.2 Ark., 483. 3. The verdict was contrary to the evidence.
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APPEAL from Fulton Circuit Court.. Hon. R. H. Powell, Circuit Judge. 1. There was no service in the j ustice’s court on the railroad „ and the justice had no jurisdiction in the premises, and the circuit court acquired none on appeal. 2. No claim having been made in the justice’s court for double damages for not posting, no claim for such should have been entertained in the circuit court. 4.2 Ark., 483. 3. The verdict was contrary to the evidence. The statutory presumption was effectually rebutted, and the company exonerated by the evidence. 41 Ark., 163. The company did all in their power,…
1Opinion of the CourtSmith, J.
1. Appearance b e f 0 r e J. P. waives service.
Mrs. Summers sued the railroad company before a justice of the peace for killing her colt,' and recovered judg* ment by default. The defendant appealed, and in the circuit court attempted to get rid of the action upon a suggestion of want of jurisdiction in the lower court, alleging that no valid service of process had been made upon it. But the attempt was unsuccessful. The circuit court does not sit to review and correct errors and irregularities committed in the magistrate’s court, but tries the cause anew on its merits. By appealing the…
2Cited by8 opinions
- Gulf Pipe Line Co. v. VanderbergSupreme Court of Oklahoma · 1911
- Fowler v. FowlerSupreme Court of Oklahoma · 1905
- Carden v. BaileySupreme Court of Arkansas · 1908
- German Investment Co. v. WestbrookSupreme Court of Arkansas · 1911
- Choctaw, O. & G. R. Co. v. O'NeskyCourt Of Appeals Of Indian Territory · 1906
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