American Hardwood Lumber Co. v. Ellis & Co.
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; T. J. Gaughcm, Special Judge; 1. As to the item of $396.31 set up in the amendment to the complaint, it ivas a separate cause of action, and, being such, judgment upon it could not properly be accelerated by filing it as an amendment.
Read the full summary
Appeal from Calhoun Circuit Court; T. J. Gaughcm, Special Judge; 1. As to the item of $396.31 set up in the amendment to the complaint, it ivas a separate cause of action, and, being such, judgment upon it could not properly be accelerated by filing it as an amendment. The rule is that where a distinct cause of action is added to the complaint, the right to proceed upon the complaint as amended, so far as service is concerned, requires service or notice after filing of the amendment. 2. The service was not sufficient to fix the venue for the trial of this cause in Calhoun County. The venue is…
1Opinion of the CourtMcCulloch, C. J.
Appellant is a Missouri corporation and has complied with the laws of this State by designating an agent upon whom service of summons and other process may be made, in accordance with the statutes of this State which prescribe the terms upon which foreign corporations may transact intrastate business here. Kirby’s Digest, § 825. The corporation maintains an office in Saline County, Arkansas, which is designated as its principal place of business, and the designated agent resides there. Appellee is doing business in Calhoun County in this State, and instituted this action against appellant in…
2Cases cited3 opinions
- Fort Smith Lumber Co. v. ShacklefordSupreme Court of Arkansas · 1914
- Southern Building & Loan Ass'n v. HallumSupreme Court of Arkansas · 1894
- Ferguson v. CarrSupreme Court of Arkansas · 1908
3Cited by6 opinions
- Power Manufacturing Company v. SaundersSupreme Court of Arkansas · 1925
- Central Coal & Coke Co. v. OrwigSupreme Court of Arkansas · 1921
- Pekin Cooperage Co. v. DutySupreme Court of Arkansas · 1919
- Jacks v. Central Coal & Coke Co.Supreme Court of Arkansas · 1922
- Missouri State Life Insurance v. WittSupreme Court of Arkansas · 1924
1 more not listed; retrieve them via the Exa API.