Buchanan v. Hicks
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. The court erred in overruling the demurrer to the second count of the complaint. The oircuit court was without jurisdiction.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. The court erred in overruling the demurrer to the second count of the complaint. The oircuit court was without jurisdiction. Art. 7, § 40, Const. 1874;-i Ark. 252; Id. 275; 2 Ark. 449; 3 Ark. 494; 5 Ark. 34; 9 Ark. 465; 18 Ark. 249; 34 Ark. 188; 35 Ark. 287; 55 Ark. 143; 72 Ark. 334; 74 Ark. 615; 78 Ark. 595; 85 Ark. 213; 89 Ark. 435. 2. The court should have instructed the jury that a receiver as such has no extraterritorial jurisdiction; that is, being a mere creature of the court, he can have no wider of greater jurisdiction than…
1Opinion of the CourtFrauenthal, J.
This was an action -instituted by John T. Hicks as the receiver of an insolvent -corporation to recover from the defendant upon an account which he claimed to be due to said corporation. The complaint contained two paragraphs. In the first paragraph it was alleged that the defendant was indebted for two carloads of lumber in the sum of $637; and in the second paragraph it was alleged that he was indebted in the sum of $32.70 for a balance due for wares and merchandise sold to him; and recovery was sought for ¡both of said amounts.
The defendants filed a demurrer to the second paragraph of the…
2Cases cited11 opinions
- In Re TylerSupreme Court of the United States · 1893
- Smead v. ChandlerSupreme Court of Arkansas · 1903
- In re Trustees of Schuyler's Steam Tow Boat Co.New York Court of Appeals · 1892
- Henning v. RaymondSupreme Court of Minnesota · 1886
- Jenkins v. ShinnSupreme Court of Arkansas · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Isp. Com LLC. v. TheisingIndiana Supreme Court · 2004
- Massachusetts Bonding & Insurance v. Home Life & Accident Co.Supreme Court of Arkansas · 1915
- Martin v. Blytheville Water Co.Supreme Court of Arkansas · 1914
- Miles v. DodsonSupreme Court of Arkansas · 1912
- Rodgers v. Carson Lake Road Improvement Dist. No. 6Supreme Court of Arkansas · 1935
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