Legal Opinion

Midland Valley Railroad v. Hale

Supreme Court of Arkansas

Decided June 8, 1908PublishedCited by 1 opinion

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

  1. St. Louis & North Arkansas Railroad v. WilsonSupreme Court of Arkansas · 1908
  2. Kansas City Southern Railway Co. v. EmbrySupreme Court of Arkansas · 1905

3Cited by1 opinion

  1. Kansas City Southern Railway Co. v. CarlSupreme Court of Arkansas · 1909

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