Levy v. Ferguson Lumber Co.
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. J. W, Martin Judge. The justice had no jurisdiction. No summons was issued and no showing of service, actual or constructive. The docket should have shown such facts as were essential to jurisdiction.
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APPEAL from Pulaski Circuit Court. J. W, Martin Judge. The justice had no jurisdiction. No summons was issued and no showing of service, actual or constructive. The docket should have shown such facts as were essential to jurisdiction. S Ark., 27-358; 1 Eng., 41; lb,, 182; 3 Ark., 494; 9lb.,48o; iolb.,316. No presumption will supply the omission of the record to state a jurisdictional fact. 9 Ark., 480; 10 lb., 316. The laborers had no liens; there was no writing, and the statement filed failed to show any. 44 Ark., 90. The proceedings being void, the sale was void. Freeman on Ex., sec. 16,…
1Opinion of the CourtBattle, J.
The Ferguson Lumber Company sued Levy for damages sustained by it through his failure to perform a contract to deliver 500,000 feet of lumber. Levy answered, denying the damage, and in a counter claim or set-off, sought to recover the value of 250,000 feet of lumber received by the company. Plaintiff admitted that it received 180,000 feet of the lumber which had belonged to Levy, but proved it purchased the same at a sale made by the sheriff under and pursuant to orders or judgmeirts of a justice of the peace The defendant insisted that these orders or judgments were void, because the justice…
2Cases cited3 opinions
- Campbell v. McCahanIllinois Supreme Court · 1866
- Daggett v. RankinCalifornia Supreme Court · 1866
- Hollingsworth v. BagleyTexas Supreme Court · 1872
3Cited by7 opinions
- Knight v. CreswellSupreme Court of Arkansas · 1907
- Nelson v. FreemanSupreme Court of Arkansas · 1918
- Twin City Bank v. J. S. McWilliams Auto Co.Supreme Court of Arkansas · 1931
- Ashby v. MilliganSupreme Court of Arkansas · 1916
- Schichtel v. TurinskySupreme Court of Oklahoma · 1930
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