Moreland v. Condry
Supreme Court of Arkansas
APPEAL from Benton Circuit Court. HoN. J. H. Beery, Circuit Judge. The Justice bad no jurisdiction, and hence the Circuit Court had none on appeal. See. 40, Art. 7, Const. 1874, gives jurisdiction to Justices in matters of damage to personal properly, &c., i. e., that which the property sustains, and not of personal tresspass or torts. It is only where the corpus of the property sustains injury. Sée 1 Chitty on Pleading, p. 191, 16 Am. Ed. by. Perkins.
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APPEAL from Benton Circuit Court. HoN. J. H. Beery, Circuit Judge. The Justice bad no jurisdiction, and hence the Circuit Court had none on appeal. See. 40, Art. 7, Const. 1874, gives jurisdiction to Justices in matters of damage to personal properly, &c., i. e., that which the property sustains, and not of personal tresspass or torts. It is only where the corpus of the property sustains injury. Sée 1 Chitty on Pleading, p. 191, 16 Am. Ed. by. Perkins. The complaint states a plain case of trespass cjuare clausum fregit; that defendant gathered corn, to his (plaintiff’s) damage, &e. The answer…
1Opinion of the Court
STATEMENT.
English, C. J.
In April, 1881, John Condry filed the following complaint against R. D. Moreland and R. Y. Hall, before a Justice of the Peace of Benton county:
“John Condry represents that sometime in 1880, the defendants without right, unlawfully and against the consent of this plaintiff, entered on the land of this plaintiff, and unlawfully, knowingly and tortiously gathered and hauled away 250 bushels of corn, tthe property of this plaintiff, of the value of $100.00, to the damage and injury of this plaintiff in the sum of one hundred dollars, wherefore plaintiff prays payment.
Peel…
2Cited by1 opinion
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