Legal Opinion

Fort Smith Lumber Co. v. Shackleford

Supreme Court of Arkansas

Decided November 16, 1914PublishedCited by 19 opinions

Appeal from Perry Circuit Court; Robert J. Lea, Judge; 1. Under the statute appellant could not be sued in-Perry County,■ but -only in the county where, it is situated and has its principal office or place of -business. Kirby’s Dig., § 6067. Act 98 of the Acts of 1909, p. 293, does not change the rule. The facts show that appellant does not keep or have in Perry County a branch, office or other place of business within the meaning of that act.

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Appeal from Perry Circuit Court; Robert J. Lea, Judge; 1. Under the statute appellant could not be sued in-Perry County,■ but -only in the county where, it is situated and has its principal office or place of -business. Kirby’s Dig., § 6067. Act 98 of the Acts of 1909, p. 293, does not change the rule. The facts show that appellant does not keep or have in Perry County a branch, office or other place of business within the meaning of that act. The principal office and place of business is at Plaánview, in Yell County. The words “other place of business” refer to a place of business like an…

1Opinion of the Court

"Wood, J.

Plaintiff filed a complaint against the Fort Smith Lumber Company and the Central Railway Company of Arkansas in the Perry Circuit Court. Summons was issued and alleged to have been served upon each of the defendants in Perry County. The defendants appeared specially and moved to suppress the service. The court sustained the motion as to the Central Railway Company, but overruled same as to the Fort Smith Lumber Company. The Fort Smith Lumber Company, appellant here, excepted to the ruling of the court and reserved the issue as to the service in its answer. The cause was tried before…

2Cited by19 opinions

  1. Terry Dairy Co. v. ParkerSupreme Court of Arkansas · 1920
  2. St. Louis, Iron Mountain & Southern Railway Co. v. BlaylockSupreme Court of Arkansas · 1915
  3. Arkansas Power & Light Co. v. HooverSupreme Court of Arkansas · 1931
  4. Duncan Lumber Co. v. BlalockSupreme Court of Arkansas · 1926
  5. American Savings & Loan Ass'n v. EnfieldSupreme Court of Arkansas · 1977

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