Arkadelphia Lumber Co. v. Asman
Supreme Court of Arkansas
Appeals from Clark Chancery and Circuit Coúrts; James D. Shaver, Chancellor, and Joel D. Conway, Judge; 1. A special judge can not be lawfully elected or appointed, except in the manner provided by the Constitution. 72 Ark. 320; art. 7, § § 11 to 18, and 21. Under the facts in this case, there was no court within the rule stated in 2 Ark. 229. There must be jurisdiction in the court rendering the judgment, and jurisdiction is defined to be the power to hear and determine a…
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Appeals from Clark Chancery and Circuit Coúrts; James D. Shaver, Chancellor, and Joel D. Conway, Judge; 1. A special judge can not be lawfully elected or appointed, except in the manner provided by the Constitution. 72 Ark. 320; art. 7, § § 11 to 18, and 21. Under the facts in this case, there was no court within the rule stated in 2 Ark. 229. There must be jurisdiction in the court rendering the judgment, and jurisdiction is defined to be the power to hear and determine a cause. Freeman on Judgments, 4 Ed. § 118; lb § 547; 34 Ark. no; 55 Ark. 565. Consent can not confer jurisdiction.…
1Opinion of the CourtMcCulloch, J.
This is an action brought by appellee to recover the sum of $400 alleged to be due him by appellant for salary. The case was here on the former appeal, and the facts •are stated in the opinion of the court. Arkadelphia Lumber Company v. Asman, 68 Ark. 526. The cáse was tried anew, and judgment again rendered against the defendant, and an appeal taken. On the second appeal appellant showed by its bill of exceptions that the case was not heard before the regular judge of the court, as recited in the record entry of the judgment, but that the regular judge had vacated the bench and absented…
2Cases cited7 opinions
- Carpenter v. DresslerSupreme Court of Arkansas · 1905
- Arkadelphia Lumber Co. v. AsmanSupreme Court of Arkansas · 1904
- Dansby v. BeardSupreme Court of Arkansas · 1882
- Gaither v. WassonSupreme Court of Arkansas · 1883
- Shaul v. DupreySupreme Court of Arkansas · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sledge-Norfleet Co. v. MatkinsSupreme Court of Arkansas · 1922
- Roberts & Scheffer Co. v. JonesSupreme Court of Arkansas · 1907
- Poole v. OliverSupreme Court of Arkansas · 1909
- Ferri v. BraunSupreme Court of Arkansas · 1963