Hoye Coal Co. v. Colvin
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Styles T. Roive, Judge; statement by ti-ie court. Appellee filed before a justice of the peace of Sebastian County an affidavit in which he states that the defendant, Hoye Coal Company, is a corporation organized under the laws of the State of Arkansas, and is justly indebted to him in the sum of $49.50 for labor performed by him for defendant in digging coal and performing other work in and about its mine, near Hartford, Sebastian…
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Appeal from Sebastian Circuit Court; Styles T. Roive, Judge; statement by ti-ie court. Appellee filed before a justice of the peace of Sebastian County an affidavit in which he states that the defendant, Hoye Coal Company, is a corporation organized under the laws of the State of Arkansas, and is justly indebted to him in the sum of $49.50 for labor performed by him for defendant in digging coal and performing other work in and about its mine, near Hartford, Sebastian County, Arkansas. That the plaintiff has a laborer’s lien on said mine, and all engines, cars, scales, tracks, houses,…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. The justice'of the peace had no jurisdiction to declare a lien on the mine and the houses and machinery that were permanently attached to the freehold. The mine was real estate, and the houses and machinery that were attached to the soil with the intent that they should remain’ and become part of the 'freehold were fixtures, and no lien could be declared on these by a justice of the peace. His judgment in this respect was void for want of jurisdiction. Const. 74, art. 7, section 40; section 4554, Kirby’s Digest; White v. Millbourne, 31 Ark. 486; Cotton…
2Cases cited6 opinions
- Russell v. GrantSupreme Court of Missouri · 1894
- Ozark v. AdamsSupreme Court of Arkansas · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. LoveSupreme Court of Arkansas · 1905
- Wibbing v. PowersSupreme Court of Missouri · 1857
- Cotton v. Penzel & Co.Supreme Court of Arkansas · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Halbert v. Helena-West Helena Industrial Development Corp.Supreme Court of Arkansas · 1956
- St. Louis-San Francisco Railway Co. v. WhiteSupreme Court of Arkansas · 1939
- Lucky Boy Mining & Milling Co. v. MooreArizona Supreme Court · 1922