Little Rock & Fort Smith Railway Co. v. Smith
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, Ozark District. Jephtha H. Evans, Judge. A justice of the peace has no jurisdiction in matters of damage to personal property where the amount sued for exceeds $100; hence on appeal the circuit court acquired no jurisdiction. 44 Ark. 100; 45 Ark. 346; Const. 1874, art. 7, § 40; 47 Ark. 59; 48 Ark. 295. The complaint should have been made more specific, so as to state the locality and dates of the alleged torts. 59 Ark. 165; Pom.
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Appeal from Franklin Circuit Court, Ozark District. Jephtha H. Evans, Judge. A justice of the peace has no jurisdiction in matters of damage to personal property where the amount sued for exceeds $100; hence on appeal the circuit court acquired no jurisdiction. 44 Ark. 100; 45 Ark. 346; Const. 1874, art. 7, § 40; 47 Ark. 59; 48 Ark. 295. The complaint should have been made more specific, so as to state the locality and dates of the alleged torts. 59 Ark. 165; Pom. Rem. & Rem. Rights, § 554; Newm. PI. & Pr. 246; 8 Oh. St. 293; 2 Comst. 506; 1 Russ. & Myl. 527; 2 Dan. Ch. Pr. 240; 2 N. T. 507.
1Opinion of the CourtBunn, C. J.
This is an action for the killing of a cow, a horse and two hogs by the negligent running of defendant’s trains. The complaint was as follows:
“The plaintiff states that the defendant is a corporation owning and operating a line of railway through Franklin county, Arkansas, from Little Rock to Fort Smith. The said defendant, in said county, on the second day of November, 1896, through the negligence of its employees in the operation of its trains, killed a horse owned by the plaintiff of the value of $85, for which he prays judgment.
“For further cause of action the plaintiff states that on the…
2Cited by9 opinions
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- State v. Railroad Co.West Virginia Supreme Court · 1910
- Choctaw, Oklahoma & Gulf Railroad v. StateSupreme Court of Arkansas · 1905
- Harris v. CastleberryCourt Of Appeals Of Indian Territory · 1901
- Choctaw, Oklahoma & Gulf Railroad v. StateSupreme Court of Arkansas · 1905
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