Wright v. Wooldridge
Supreme Court of Arkansas
Appeal from Cleveland Chancery Court; John M. Elliott, Chancellor; The chancery court was without jurisdiction. Kirby’s Dig., § 59^5 J 71 Ark. 222; Id. 484; 46 Ark. 272. Jurisdiction cannot be conferred by consent of parties where none existed before. 33 Ark. 31; 34 Ark. 399; 70 Ark. 347; 1 Black on Judgments, 217. Since the chancery court would not assume jurisdiction of this cause except upon agreement of parties waiving objections as to jurisdiction, appellant ought not…
Read the full summary
Appeal from Cleveland Chancery Court; John M. Elliott, Chancellor; The chancery court was without jurisdiction. Kirby’s Dig., § 59^5 J 71 Ark. 222; Id. 484; 46 Ark. 272. Jurisdiction cannot be conferred by consent of parties where none existed before. 33 Ark. 31; 34 Ark. 399; 70 Ark. 347; 1 Black on Judgments, 217. Since the chancery court would not assume jurisdiction of this cause except upon agreement of parties waiving objections as to jurisdiction, appellant ought not to be heard now to object to the jurisdiction.
1Opinion of the CourtBattle, J.
This action was brought by J. H. Wright against E. and. H. Wooldridge, on. the ■ 14th day of December, 1906, before a justice of the peace of Cleveland County, to recover $200, loaned by plaintiff to the defendants, and interest. The plaintiff recovered judgment, and the defendants appealed to the Cleveland Circuit Court. On appeal the action was transferred byk consent to the Cleveland Chancery Court, and on hearing that court .dismissed plaintiff’s complaint for want of equity, and plaintiff appealed to this court.
In Whitesides v. Kershaw, 44 Ark. 377, 379, it is said: “On appeal from a…
2Cases cited4 opinions
- Whitesides v. KershawSupreme Court of Arkansas · 1884
- Brewer & Son v. WinstonSupreme Court of Arkansas · 1885
- Jackson v. GormanSupreme Court of Arkansas · 1902
- Barrett v. NicholsSupreme Court of Arkansas · 1908
3Cited by1 opinion
- Rockefeller v. HogueSupreme Court of Arkansas · 1969