Cox v. Railway Co.
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. David W. Carroll, Chancellor. By sec. 4994 Mansf. Dig., every action for injury to real property must be brought in the county where the lands lie. The court below had no jurisdiction and properly sustained the demurrer and dismissed the bill for want of jurisdiction. 80 Cal., 308; 22 Pac.
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APPEAL from Pulaski Chancery Court. David W. Carroll, Chancellor. By sec. 4994 Mansf. Dig., every action for injury to real property must be brought in the county where the lands lie. The court below had no jurisdiction and properly sustained the demurrer and dismissed the bill for want of jurisdiction. 80 Cal., 308; 22 Pac. Rep., 252; Brown on Jurisdiction, secs. 32, 34; 33 Ark., 31 ; 66 Cal., 343. Our code provisions in reference to venue apply to both legal and equitable actions. 11 Abb. Pr. (N. S.), 27; 3 Abb. Pr., 14.
1Opinion of the CourtMansfield, J.
This was a suit in equity to enjoin the defendant, the St. Louis, Iron Mountain and Southern Railway Company, from removing earth from certain lands of the plaintiff situated in Prairie county and over which the defendant’s road passes.
The complaint alleges that the defendant has acquired no right of way over the lands, but has entered upon them with its laborers and trains, and is carrying away a large quantity of the earth which it is using to build a road-bed across the Cache river bottom.. The depth and length of the excavation already made by the removal of the soil are stated, and it is…
2Cases cited4 opinions
- Drinkhouse v. Spring Valley Water WorksCalifornia Supreme Court · 1889
- Leland v. HathornNew York Court of Appeals · 1870
- Coker v. SimpsonCalifornia Supreme Court · 1857
- Wood v. HollisterNew York Supreme Court · 1856
3Cited by12 opinions
- West v. First Bap. Ch. of TaftTexas Supreme Court · 1934
- Western Union Telegraph Co. v. BushSupreme Court of Arkansas · 1935
- Harris v. SmithSupreme Court of Arkansas · 1918
- Drainage Dist. 7 of Poinsett County v. HutchinsSupreme Court of Arkansas · 1931
- Mayner v. Utah Const. Co.District Court, W.D. Arkansas · 1952
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