Saint Louis, Iron Mountain & Southern Railway Co. v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. The suit contemplated by the statute (Sand. & H. Dig., § 6196) is a civil suit, and a proceeding by indictment was not warranted. 55 Ark. 550; id. 206; 56 Ark. 156, 157. The default judgment rendered on the indictment is voidable by direct attack. 93 U. S. 283, 284. The indictment did not lay the venue, and hence is fatally defective. 58 Ark. 41; 12 Ark. 399; 34 Ark. 497; 41 Ark. 42; 54 Ark. 546.…
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Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. The suit contemplated by the statute (Sand. & H. Dig., § 6196) is a civil suit, and a proceeding by indictment was not warranted. 55 Ark. 550; id. 206; 56 Ark. 156, 157. The default judgment rendered on the indictment is voidable by direct attack. 93 U. S. 283, 284. The indictment did not lay the venue, and hence is fatally defective. 58 Ark. 41; 12 Ark. 399; 34 Ark. 497; 41 Ark. 42; 54 Ark. 546. No service is shown, and hence no default judgment could be rendered. The indictment against appellant was sufficient…
1Opinion of the CourtBattle, J.
On the 13th of September, 1899, the grand jury of the Sebastian circuit court for the Greenwood district returned into said court an indictment in the words and figures following:
“The grand jury accuses the defendant of failing to ring a bell or sound a whistle at a road crossing in this: On August 18, 1899, defendant being a corporation organized under the laws of Missouri, doing business in the state of Arkansas and complying with her laws providing for the doing of business in this state by foreign corporations, unlawfully did fail to ring a bell and fail to sound a whistle at or near or…
2Cases cited5 opinions
- Railway Co. v. StateSupreme Court of Arkansas · 1891
- Wilder v. StateSupreme Court of Arkansas · 1874
- Baskins v. WyldsSupreme Court of Arkansas · 1882
- Kansas City, Springfield & Memphis Railroad v. StateSupreme Court of Arkansas · 1896
- Webb v. KelseySupreme Court of Arkansas · 1899
3Cited by14 opinions
- Clark v. StateSupreme Court of Arkansas · 1925
- Davis v. SchimmelSupreme Court of Arkansas · 1972
- Credit v. StateCourt of Appeals of Arkansas · 1988
- Beal-Doyle Dry Goods Co. v. Odd Fellows Building Co.Supreme Court of Arkansas · 1913
- Carden v. BaileySupreme Court of Arkansas · 1908
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