Fort Smith Paper Co. v. Templeton
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Ron, Judge; 1. The circuit court had no jurisdiction, because the justice of the peace had none. The amendment stated an entirely different cause of action. 35 A. L. E. 581; 24 Ark. 177; 10 Id. 326. 2. The burden was on defendant to establish its counter claim. The court erred in modifying instruction 1, as asked.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Ron, Judge; 1. The circuit court had no jurisdiction, because the justice of the peace had none. The amendment stated an entirely different cause of action. 35 A. L. E. 581; 24 Ark. 177; 10 Id. 326. 2. The burden was on defendant to establish its counter claim. The court erred in modifying instruction 1, as asked. Further, the court’s instructions were contradictory. 1. When the question of jurisdiction was raised in the circuit court it was proper to permit appellee to amend. 35 Ark. 445; 85 Id. 213; 78 Id. 595; 83 Id. 372. 2.…
1Opinion of the CourtMcCulloch, C. J.
Appellant is lessee of a building owned by appellee in the city of Fort Smith under written contract for a term of five years. The contract specifies a “yearly rental of $1,200 for the term,” payable in monthly installments ‘ ‘ on the first day of each and every month.” Appellant moved out of the building and defaulted in the payment of rent for six months, and this is an action instituted before a justice of the peace by appellee against appellant to recover the six installments of $100 each, aggregating the total sum of $600.
The case was tried in the circuit court on appeal from the justice…
2Cases cited4 opinions
- Berry v. LintonSupreme Court of Arkansas · 1838
- American Soda Fountain Co. v. BattleSupreme Court of Arkansas · 1908
- Gregory v. WilliamsSupreme Court of Arkansas · 1866
- Modern Laundry v. DilleySupreme Court of Arkansas · 1914
3Cited by3 opinions
- Schaap v. First National BankSupreme Court of Arkansas · 1918
- Guardian Life Insurance Co. v. JohnsonSupreme Court of Arkansas · 1933
- Stroud v. ConineSupreme Court of Arkansas · 1914