Railway Co. v. Deane
Supreme Court of Arkansas
Appeal from Benton Circuit Court. Edward S. McDaniee, Judge. Deane sued the St. Louis & San Francisco Railway Company, and obtained a judgment, from which defendant appealed. In the circuit court the appeal was dismissed because the affidavit for appeal failed to show the venue in which the oath was administered. The affidavit in question was as follows: J. “In Justice Court, before F. M. Liner, J. P. T. Deane, Plaintiff. v. Affidavit for Appeal.
Read the full summary
Appeal from Benton Circuit Court. Edward S. McDaniee, Judge. Deane sued the St. Louis & San Francisco Railway Company, and obtained a judgment, from which defendant appealed. In the circuit court the appeal was dismissed because the affidavit for appeal failed to show the venue in which the oath was administered. The affidavit in question was as follows: J. “In Justice Court, before F. M. Liner, J. P. T. Deane, Plaintiff. v. Affidavit for Appeal. St. Louis & San Francisco Railway Company, Defendant. I, B. R. Davidson, on oath state that I am the attorney for the defendant in the above…
1Opinion of the CourtBattle, J.
While it is proper to prefix a venue to an affidavit, and desirable that it should be done, the failure to do so is not fatal to the affidavit. “ The important thing is that it shall appear that the oath was administered by a person authorized to administer such oaths.” When that appears, the presumption, in the absence of a venue, is that the officer before whom the affidavit was made acted within his jurisdiction, when it was sworn to and signed before him. Reavis v. Cowell, 56 Cal. 588; Parker v. Baker, 8 Paige, Ch. 428; Barnard v. Darling, 1 Barb; Ch. 218; State v. Henning, 54 N. W. 536;…
2Cases cited2 opinions
- Reavis v. CowellCalifornia Supreme Court · 1880
- State v. HenningSouth Dakota Supreme Court · 1893
3Cited by8 opinions
- Title Guaranty & Surety Co. v. FosterSupreme Court of Oklahoma · 1921
- Tucker v. TuckerColorado Court of Appeals · 1912
- Georgia State Savings Assoc. v. MarrsSupreme Court of Arkansas · 1928
- Rasmussen v. C. J. Horner Co.Supreme Court of Arkansas · 1974
- Vincent v. WessonSupreme Court of Arkansas · 1942
3 more not listed; retrieve them via the Exa API.