St. Louis, Iron Mountain & Southern Railway Co. v. Broomfield
Supreme Court of Arkansas
Appeal from Hot Springs Circuit Court; Alexander M. Duffle, Judge ; These actions were improperly consolidated by the lower court. Neither § 6075 nor § 6083, Kirby’s Digest, authorizes the proceedings adopted in this case, and the idea that the act of May 11, 1905, authorizes the consolidation of divers actions against one defendant is not supported by -the act itself nor by the construction placed upon the identical provision by the Uni-, ted States Courts.
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Appeal from Hot Springs Circuit Court; Alexander M. Duffle, Judge ; These actions were improperly consolidated by the lower court. Neither § 6075 nor § 6083, Kirby’s Digest, authorizes the proceedings adopted in this case, and the idea that the act of May 11, 1905, authorizes the consolidation of divers actions against one defendant is not supported by -the act itself nor by the construction placed upon the identical provision by the Uni-, ted States Courts. Rev. Stat. U. S. § 921; 145 U. S. 293; 41 Red. 249. At various times this court has reversed for the consolidation of 'causes when the…
1Opinion of the CourtHiel, C. J.
Morris Bloomfield, Plarry Plill, Jack Taylor, Rufus Graham and George Turner, laborers in a section gang on appellant railroad, claimed to have been discharged on -the 22d of December, 1905, from its service, and that their wages remained unpaid for more than seven days. They brought suit in a justice’s court for the same and penalties, under section 6649 of Kirby’s Digest. After judgment in the justice’s court the cases were appealed to the circuit court, and there, upon motion, were consolidated. The trial resulted in separate verdiets in behalf of each of the plaintiffs. Before judgment…
2Cases cited4 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Wisconsin & Arkansas Lumber Co. v. ReavesSupreme Court of Arkansas · 1907
- Garabaldi v. WrightSupreme Court of Arkansas · 1889
- Meehan v. WatsonSupreme Court of Arkansas · 1898
3Cited by9 opinions
- Mahoney v. RobertsSupreme Court of Arkansas · 1908
- Little Rock Gas & Fuel Co. v. CoppedgeSupreme Court of Arkansas · 1915
- United Mine Workers of America v. Coronado Coal Co.Court of Appeals for the Eighth Circuit · 1919
- St. Louis, Iron Mountain & Southern Railway Co. v. RainesSupreme Court of Arkansas · 1909
- Federal Truck & Motors Co. v. TompkinsSupreme Court of Arkansas · 1921
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