Railway Co. v. Shelton
Supreme Court of Arkansas
Appeal from Miller Circuit- Court. Rupus D. Hrarn, Judge. Action by James Shelton against the St. Louis, Arkansas & Texas Railway Company. The facts are stated in the opinion. 1. The suit was barred. The issuance of the alias summons was the beginning of a new suit. 2. The only proof for plaintiff was that the stock was found dead on the dump of the railway.
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Appeal from Miller Circuit- Court. Rupus D. Hrarn, Judge. Action by James Shelton against the St. Louis, Arkansas & Texas Railway Company. The facts are stated in the opinion. 1. The suit was barred. The issuance of the alias summons was the beginning of a new suit. 2. The only proof for plaintiff was that the stock was found dead on the dump of the railway. This is not sufficient to raise the presumption that it was killed by the railway company. 20 S. W. Rep. 413. 1. The commencement of the suit was the filing of the original complaint and the issuance of the summons thereon, Mansf. Dig.…
1Opinion of the CourtCockrill, C. J.
Shelton sued the railway before a justice of the peace to recover the value of two cows which he alleged were killed by the company’s moving cars. He filed a complaint, caused a summons to issue, and got judgment by default. The railway sued out a writ of certiorari, and caused the judgment to be quashed upon the ground that the return of service upon the summons was fatally defective. The justice then issued another summons, judgment was again rendered for the plaintiff — -first by the justice, and then on appeal to the circuit court. This appeal is from the last mentioned judgment. The only…
2Cases cited2 opinions
- Railway Co. v. SageleySupreme Court of Arkansas · 1892
- Ballentine v. StateSupreme Court of Arkansas · 1886
3Cited by13 opinions
- Williams v. EdmondsonSupreme Court of Arkansas · 1975
- Union Pac. Ry. Co. v. HarrisCourt of Appeals for the Eighth Circuit · 1894
- Bridgman v. DrillingSupreme Court of Arkansas · 1951
- Kansas City Southern Railway Co. v. AkinSupreme Court of Arkansas · 1919
- Barker v. CunninghamSupreme Court of Arkansas · 1912
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