St. Louis, Iron Mountain & Southern Railway Co. v. Walsh
Supreme Court of Arkansas
Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; 1. The suit for wages and for the penalty are separate and distinct causes of action. 78 Ark. 208; 70 Id. 226. If complaint contains more than one cause of action, they should be stated in separate paragraphs and numbered.
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Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; 1. The suit for wages and for the penalty are separate and distinct causes of action. 78 Ark. 208; 70 Id. 226. If complaint contains more than one cause of action, they should be stated in separate paragraphs and numbered. Kirby’s Digest, § 6092. Had the court required plaintiff to state his two causes of action in separate paragraphs, one would have been for a debt oí $100, the exclusive jurisdiction of which is vested in justices of the peace. Const. 1874, art. 7, § 40. 2. The railway company was not liable for the penalty during…
1Opinion of the CourtHill, C. J.
Pat Walsh was employed by the appellant railroad company as a fireman at $4 per day, and was discharged on November 14, 1906, and sued for $100 unpaid wages and for sixty days’ wages — from November 14th to January 18th- — at $4 per. day, amounting to $240, for failure to pay his wages within seven days of discharge, pursuant to section 6649, Kirby’s Digest. He obtained judgment for $95.85 wages and $240 penalty.
1. The appellant questions the jurisdiction of the circuit court to maintain the action for $100 wages, and says the added $240 claimed is a separate cause of action which should be…
2Cases cited2 opinions
- Leep v. Railway Co.Supreme Court of Arkansas · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. PickettSupreme Court of Arkansas · 1902
3Cited by5 opinions
- Nordling v. JohnstonOregon Supreme Court · 1955
- Metcalf v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911
- Hanson v. McLeodSupreme Court of Arkansas · 1927
- Hunt v. Northern Construction Co.Supreme Court of Arkansas · 1917
- Nordling v. JohnstonOregon Supreme Court · 1955