Austin v. Hemphill

Hart, J.,

(after stating the facts). The first ground relied upon for a reversal of the judgment is that the circuit court erred in refusing to dismiss the plaintiff’s cause of action for the reason that the justice’s court was without jurisdiction, and therefore the circuit court could not acquire jurisdiction on appeal. In making this contention, counsel relies upon § 6412 of Crawford & Moses’ Digest, and Little Rock Brick Works v. Hoyt, 87 Ark. 313, and cases cited. Section 6412 reads as follows:

“ Ordinary actions shall be commenced by summons,but, before summons is issued, the plaintiff…