St. Louis, Iron Mountain & Southern Railway Co. v. Gray
Supreme Court of Arkansas
Appeal from Conway Circuit Court. William L. Moose, Judge. The evidence fails to show jurisdiction. 38 Ark. 205; 55 Ark. 283; 70 Ark. 346. It was error not to make H. L. Buford a party plaintiff upon demand of the defendant. 30 Ark. 401; 32 Ark. 304; 36 Ark. 207; 37 Ark. 593; 39 Ark. 413. The record shows jurisdiction in the trial court. 67 Ark. 512; 70 Ark. 346; 68 S. W. 153; 29 Ark. 293; 53 Ark. 46; 17 Am. & Eng.
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Appeal from Conway Circuit Court. William L. Moose, Judge. The evidence fails to show jurisdiction. 38 Ark. 205; 55 Ark. 283; 70 Ark. 346. It was error not to make H. L. Buford a party plaintiff upon demand of the defendant. 30 Ark. 401; 32 Ark. 304; 36 Ark. 207; 37 Ark. 593; 39 Ark. 413. The record shows jurisdiction in the trial court. 67 Ark. 512; 70 Ark. 346; 68 S. W. 153; 29 Ark. 293; 53 Ark. 46; 17 Am. & Eng. Enc. 904, 905, 912. The statute of limitations must be pleaded. 19 Am. & Eng. Enc. Law (2d Ed.), 332; 13 Am. & Eng. Enc. PI. & Pr. 200, 271. H. L. Buford was not a proper party.…
1DissentRiddick, J.
I differ in some respects from what has been said in the opinion as to the question of jurisdiction presented by this appeal, and, though I do not deem it a matter of much importance, I shall briefly state my reasons for doing so.
It is true that consent cannot confer jurisdiction,'but there is nothing here to show that the circuit court did not have jurisdiction. Besides, different rules apply in those cases where the court has no power to adjudicate upon the subject and those where the want of jurisdiction, if it exists, arises only from the fact that the action is local, and has been…
2Cases cited6 opinions
- Crook v. PitcherCourt of Appeals of Maryland · 1884
- McMinn v. . HamiltonSupreme Court of North Carolina · 1877
- Grand Rapids, Newaygo & Lake Shore Railroad v. GrayMichigan Supreme Court · 1878
- Brown v. DortchSupreme Court of Arkansas · 1879
- Little Rock & F. S. R. R. v. CliftonSupreme Court of Arkansas · 1881
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