Neale v. Smith
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. Fdgar F. Bryant, Judge. STATEMENT BY THE COURT. The appellee, alleged that for thirty-five dollars he procured from appellant a “scholarship” in the bookkeeping department of the Fort Smith Commercial College, with the express understanding that appellee could not attend said college longer than the term of three months from the 6th day of October, 1891, and that he should have the privilege, after the expiration of…
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Appeal from Sebastian Circuit Court, Fort Smith District. Fdgar F. Bryant, Judge. STATEMENT BY THE COURT. The appellee, alleged that for thirty-five dollars he procured from appellant a “scholarship” in the bookkeeping department of the Fort Smith Commercial College, with the express understanding that appellee could not attend said college longer than the term of three months from the 6th day of October, 1891, and that he should have the privilege, after the expiration of that time, of returning to said college at any future time and completing the course of bookkeeping without any…
1Opinion of the Court
Wood, J.,
Jurisdiction of circuit
(after stating the facts). The first question is, did the court have jurisdiction, and was the question of jurisdiction properly raised ? The majority of the court is of the opinion that the allegation in the complaint that the appellee was damaged by the alleged breach of contract in the sum of two hundred dollars was a firima facie showing of jurisdiction, and that, in the absence of any special plea to the want of jurisdiction, or any charge in the answer that said allegation of the complaint was illusive, and made merely for the purpose of giving…
2Cases cited2 opinions
- Berry v. LintonSupreme Court of Arkansas · 1838
- Heilman v. MartinSupreme Court of Arkansas · 1840
3Cited by1 opinion
- Merchants Bank v. AffholterSupreme Court of Arkansas · 1919