Durben v. Montgomery

In State v. Jones, 25 Ark. 375, a motion was made to dismiss for want of jurisdiction. The record in the circuit court recites: ‘ ‘ The court, being advised of the matters and things arising on the motion to dismiss this case for want of jurisdiction, heretofore filed, doth sustain the motion.” The record entry concludes with this recital without any final judgment upon the motion, or otherwise, and this court held it could not take cognizance of the appeal thereon.

In Reynolds v. Craycraft, 26 Ark. 468, the case was submitted to the court sitting as a jury an agreed statement of facts. The…