Legal Opinion

Evans v. Adams

Supreme Court of Arkansas

Decided July 15, 1878PublishedCited by 1 opinion

Error from, Reno District Court. Action, originally brought by Adams, defendant in error, against Jesse Evans and Charles D. Nelson, plaintiffs in error, in the district court of Barbour county, and the venue was. subsequently changed to Reno county, where the cause was tried at the April Term, 1877, of the district court, and judgment rendered in favor of the defendant in error, Adams.

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Error from, Reno District Court. Action, originally brought by Adams, defendant in error, against Jesse Evans and Charles D. Nelson, plaintiffs in error, in the district court of Barbour county, and the venue was. subsequently changed to Reno county, where the cause was tried at the April Term, 1877, of the district court, and judgment rendered in favor of the defendant in error, Adams. Plaintiff in the court below, Adams, based his cause of action against the defendants below on an alleged violation by said defendants of the act of the legislature entitled “An act for the protection of stock…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

Only a single assignment of error need be considered. This relates to the want of jurisdiction of the subject-matter of the action by the district court. Section 2 of the act of 1867 provides that justices of the peace, within their respective counties, shall have exclusive jurisdiction of all cases arising under the act. (Gen. Stat. 1014.)

An examination of the provisions of the constitution of the state, clearly establishes the fact that this authorization of jurisdiction is not in contravention of that instrument. Sec. 9, art. 3,…

2Cases cited3 opinions

  1. Comm'rs of Sedgwick County v. BaileySupreme Court of Kansas · 1874
  2. Swayze v. BrittonSupreme Court of Kansas · 1877
  3. Burgess v. M. C. & N. W. RailroadSupreme Court of Kansas · 1877

3Cited by1 opinion

  1. State ex rel. Griffith v. AndersonSupreme Court of Kansas · 1925

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