Fisher v. Hall
Supreme Court of Arkansas
Error to Washington Circuit Court. Debt, in the court below, against the plaintiff in error, on a writing obligatory for one hundred dollars. The declaration demanded'for principal and interest. Motion to dismiss for want of jurisdiction overruled; and demurrer sustained to a plea to the jurisdiction.
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Error to Washington Circuit Court. Debt, in the court below, against the plaintiff in error, on a writing obligatory for one hundred dollars. The declaration demanded'for principal and interest. Motion to dismiss for want of jurisdiction overruled; and demurrer sustained to a plea to the jurisdiction. Has the circuit court jurisdiction of a writing obligatory for the sum of one hundred dollars? It is insisted by the plaintiff in error, that the court should have sustained his motion to dismiss the suit. That advantage may be taken of want of jurisdiction, by motion, is determined by the court…
1Opinion of the CourtLacy, Judge
This was an action of debt, founded on a writing obligatory. The declaration contains but one count, and is in the usual form, except it demands the interest together with the principal, thereby endeavoring to confer an original jurisdiction, on- the Circuit Court, which otherwise, it does not pqssess.
At the return term of the writ, the defendant appeared in the court below, and filed a motion to dismiss the cause for want of jurisdiction, which motion was overruled. He then put in a plea to the jurisdiction of the court, to which there was a demurrer, and judgment entered up against the…
2Cited by4 opinions
- Martin v. ForemanSupreme Court of Arkansas · 1856
- Fenter v. AndrewsSupreme Court of Arkansas · 1843
- Adair v. Quincy Stove Manufacturing Co.Supreme Court of Arkansas · 1915
- Howell v. MilliganSupreme Court of Arkansas · 1852