Midland Valley Railroad v. Hale
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. The court had no jurisdiction! “Matters of damage to personal property” means all injuries one may sustain in respect to his ownership of personal estate. Const, art. 7, § 40; Kirbyjs Digest,'§ 4552; 41 Ark. 478; lb. 210-14; 40 Id. 78; 47 Id. 58-61; 48 Id. 293; 55 Id. 281, 44 Ark. 377; 40 Id. 556; 43 Id. 107. 2. Statutes conferring jurisdiction are strictly construed. 66 'Ark. 79; 7 Id. 305; 18 Am. & Eng. Enc.
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Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. The court had no jurisdiction! “Matters of damage to personal property” means all injuries one may sustain in respect to his ownership of personal estate. Const, art. 7, § 40; Kirbyjs Digest,'§ 4552; 41 Ark. 478; lb. 210-14; 40 Id. 78; 47 Id. 58-61; 48 Id. 293; 55 Id. 281, 44 Ark. 377; 40 Id. 556; 43 Id. 107. 2. Statutes conferring jurisdiction are strictly construed. 66 'Ark. 79; 7 Id. 305; 18 Am. & Eng. Enc. Law (2 Ed.), 17; 24 Cyc. 440. The amount in controversy is the sum demanded. 44 Ark. 100. Where the justice has no…
1Opinion of the CourtMcCulloch, J.
Appellees, J. E. Hale & Company instituted suit before a justice of the peace against appellant railroad company to recover on an account in the sum of $95.58 for “damages on merchandise.” Judgment was rendered in their favor, and the company appealed to the circuit court. The court there sustained a motion to make the complaint more definite and certain; and appellees filed a formal complaint, alleging that on or about October I, 1905, appellant received from a connecting carrier a consignment of merchandise shipped by the Ferguson-McKinney Dry Goods Company, at St. Louis, Mo., over the…
2Cases cited2 opinions
- St. Louis & North Arkansas Railroad v. WilsonSupreme Court of Arkansas · 1908
- Kansas City Southern Railway Co. v. EmbrySupreme Court of Arkansas · 1905
3Cited by1 opinion
- Kansas City Southern Railway Co. v. CarlSupreme Court of Arkansas · 1909