Little Rock & Fort Smith Railway Co. v. Jamison
Supreme Court of Arkansas
Appeal from Conway Circuit Court. William L. Moose, Judge. The venue was not proved. Sand. & H. Dig., § 6322; 38 Ark. 205; 55 Ark. 282. A judgment by default cures omission to prove venue. 4 Ark. 210; 17 Ark. 39. The appellate court took same jurisdiction on the same pleadings as the lower court. 37 Ark. 580; 46 Ark. 132. The question of venue should have been raised by demurrer. 4 Ark. 210; 1 Ark. 63; 55 Ark. 285; 63 Ark. 512. The question of venue was thereby waived. 34…
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Appeal from Conway Circuit Court. William L. Moose, Judge. The venue was not proved. Sand. & H. Dig., § 6322; 38 Ark. 205; 55 Ark. 282. A judgment by default cures omission to prove venue. 4 Ark. 210; 17 Ark. 39. The appellate court took same jurisdiction on the same pleadings as the lower court. 37 Ark. 580; 46 Ark. 132. The question of venue should have been raised by demurrer. 4 Ark. 210; 1 Ark. 63; 55 Ark. 285; 63 Ark. 512. The question of venue was thereby waived. 34 Ark. 399; 55 Ark. 213; 46 Ark. 96. A general exception is not sufficient. 102 N. C. 1; 22 Am. & Eng. Enc. Law, 473; 19…
1Opinion of the CourtWood, J.
Appellee sued the appellant in a justice’s court for $50, the value of a certain mule alleged to have been killed by appellant. Judgment by default was rendered against appellant, and on appeal to the circuit court there was a trial by jury and a verdict and judgment against the railway. There were no written pleadings. The trial before the circuit court was de novo. Therefore, to give the court jurisdiction, it was necessary for the plaintiff; to show that the animal was killed in the county where the court was sitting. The failure to show the venue was fatal to the judgment. Sand. & H.…
2Cases cited5 opinions
- Jacks v. MooreSupreme Court of Arkansas · 1878
- Brown v. DortchSupreme Court of Arkansas · 1879
- Little Rock & F. S. R. R. v. CliftonSupreme Court of Arkansas · 1881
- Little Rock & Ft. Smith Railway Co. v. DanielsSupreme Court of Arkansas · 1900
- Smith ex rel. Hartfield v. ClarkSupreme Court of Arkansas · 1838
3Cited by5 opinions
- Kansas City Southern Railway Co. v. IngramSupreme Court of Arkansas · 1906
- Metropolitan Life Insurance Co. v. BakerSupreme Court of Arkansas · 1938
- St. Louis, Iron Mountain & Southern Railway Co. v. GraySupreme Court of Arkansas · 1904
- Blake v. ScottSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. GraySupreme Court of Arkansas · 1904