Legal Opinion

Davis v. Receivers St. Louis & San Francisco Railroad

Supreme Court of Arkansas

Decided March 22, 1915PublishedCited by 10 opinions

Appeal from Lawrence'Circuit Court; B. E. Jeffery, Judge; The court erred in sustaining the demurrer. 170 S. W. 245. The order sustaining the demurrer was not a final judgment, and no appeal would lie. Kirby’s Digest, § 1188; 99 Ark. 496; 102 Ark. 380; 83 Ark. 371; 94 Ark. 119 ; 44 Ark. 344; 30 Ark. 665.

1Opinion of the CourtHart, J.

App Davis sued the receivers of the St. Louis & San Francisco Railroad Company to recover the penalty provided in section 6620 of Kirby’s Digest, for charging a greater compensation for his transportation as a passenger than is allowed and prescribed by the act. The defendant company demurred to the complaint and the court sustained its demurrer. No judgment was rendered dismissing the complaint of the plaintiff and not even a judgment for costs was rendered.(1) • When the 'court sustained the demurrer the plaintiff had his election to amend his complaint, or, to rest and permit final…

2Cases cited3 opinions

  1. Harlow v. MasonSupreme Court of Arkansas · 1915
  2. Benton County v. RutherfordSupreme Court of Arkansas · 1875
  3. Radford v. SamstagSupreme Court of Arkansas · 1914

3Cited by10 opinions

  1. Arkansas State Board of Architects v. LarsenSupreme Court of Arkansas · 1956
  2. Fairview Coal Co. v. Arkansas Central Railway Co.Supreme Court of Arkansas · 1922
  3. Portis v. Board of Public Utilities, LepantoSupreme Court of Arkansas · 1948
  4. McWilliams v. LantzSupreme Court of Arkansas · 1926
  5. Cheney v. Murphy Corp.Supreme Court of Arkansas · 1962

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