Morrison v. St. Louis & San Francisco Railroad
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. ¡,S. Maples, Judge; STATEMENT BY TI-IL COURT. '■The appellant brought suit before a justice of the peace in Benton County against appellee and alleged that (defendant) “was indebted to him in the sum of $38 for one cow killed by one of its east-bound mixed trains, on April 16, 1907, about 2 o’clock p. m.
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Appeal from Benton Circuit Court; J. ¡,S. Maples, Judge; STATEMENT BY TI-IL COURT. '■The appellant brought suit before a justice of the peace in Benton County against appellee and alleged that (defendant) “was indebted to him in the sum of $38 for one cow killed by one of its east-bound mixed trains, on April 16, 1907, about 2 o’clock p. m. That said company was indebted as a penalty in the sum of $38, and a further sum of a reasonable attorney’s fee to be _. taxed by the court.” Plaintiff asked judgment for $76, costs, and a reasonable attorney’s fee. The justice thereupon issued a summons,…
1Opinion of the CourtWood, J.
(after stating the facts). First. No written pleadings are required in a justice’s court nor in the circuit court on appeal from a justice of the peace. Mississippi Valley Const. Co. v. Chas. T. Abeles & Co., ante p. 374; Sparks v. Robinson, 66 Ark. 460.
The written statement of the facts t constituting appellant’s alleged cause of action was sufficiently formal and definite to meet the requirements of sections 4565 and 4580 of Kirby’s Digest as to the necessary statement of facts upon which the action is founded.
The appellant’s written statement of facts, or “complaint,” and the summons based…
2Cases cited6 opinions
- Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
- Sparks v. RobinsonSupreme Court of Arkansas · 1899
- Birmingham v. RogersSupreme Court of Arkansas · 1885
- Bush v. CellaSupreme Court of Arkansas · 1889
- Chowning v. BarnettSupreme Court of Arkansas · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Allison v. StateSupreme Court of Arkansas · 1942
- Clark v. CollinsSupreme Court of Arkansas · 1948
- Baker v. AllenSupreme Court of Arkansas · 1942
- Sizer v. Midland Valley RailroadSupreme Court of Arkansas · 1919
- Gentry v. JettDistrict Court, W.D. Arkansas · 1959
3 more not listed; retrieve them via the Exa API.