Legal Opinion

Seelbinder v. Witherspoon

Supreme Court of Arkansas

Decided May 29, 1916PublishedCited by 11 opinions

Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The court had no jurisdiction for want of proper service. The motion to dismiss should have been granted. Kirby’s Digest, § § 6074, 4555, 4558; 59 Ark. 593; 77 Id. 412; 84 Id. 573; 63 Id. 30. 2. By filing a counterclaim, appellant did not waive his objections, nor make the court his forum.

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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. The court had no jurisdiction for want of proper service. The motion to dismiss should have been granted. Kirby’s Digest, § § 6074, 4555, 4558; 59 Ark. 593; 77 Id. 412; 84 Id. 573; 63 Id. 30. 2. By filing a counterclaim, appellant did not waive his objections, nor make the court his forum. Kirby’s Digest, § 6093; 57 Ark. 500; 70 Id. 505; 80 Id. 339; 88 Id. 153; 95 Id. 118; 108 Id: 283; 31 Id. 345; 55 Id. 312; Kirby’s Digest, § 6231. 3. Nor did appellant waive his objections by appeal. The cases 45 Ark. 295, and…

1Opinion of the CourtSmith, J.

This is a suit for damages which was brought originally before a justice of the peace of Sebastian County against appellant and his son Hugo. The suit grew out of an automobile collision in the city of Port Smith on May 13,1915. Before the trial in the justice’s court, appellant filed the following motion:

“Comes the defendant, A. Seelbinder, and states to the court that he was served with the summons in this action in Crawford County, Arkansas, where he resided at the time this suit was commenced, and at the time the summons was served and where he now resides.
“Wherefore, he objects to being…

2Cases cited2 opinions

  1. Stiewel v. BormanSupreme Court of Arkansas · 1896
  2. Wood v. StewartSupreme Court of Arkansas · 1906

3Cited by11 opinions

  1. Federal Land Bk. of St. Louis v. GladishSupreme Court of Arkansas · 1928
  2. Harger v. Oklahoma Gas & Electric Co.Supreme Court of Arkansas · 1937
  3. Metzger v. MannSupreme Court of Arkansas · 1931
  4. Fidelity Mutual Life Insurance v. PriceSupreme Court of Arkansas · 1929
  5. Meeks v. WaggonerSupreme Court of Arkansas · 1935

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