St. L., I. M. & S. Ry. v. Briggs
Supreme Court of Arkansas
APPEAL from Craighead Circuit Court. Hon. W. H. Cate, Circuit Judge. The justice had no jurisdiction. Section 40, Article 7, Constitution of 1874, provides that justices of the peace “shall have original jurisdiction in the following matters:” 1. Exclusive of the circuit court in all matters of contract up to $100. 2. Concurrent, in all matters of damages to personal property not in excess of $100. This not being an action on contract, express or implied, cannot therefore…
Read the full summary
APPEAL from Craighead Circuit Court. Hon. W. H. Cate, Circuit Judge. The justice had no jurisdiction. Section 40, Article 7, Constitution of 1874, provides that justices of the peace “shall have original jurisdiction in the following matters:” 1. Exclusive of the circuit court in all matters of contract up to $100. 2. Concurrent, in all matters of damages to personal property not in excess of $100. This not being an action on contract, express or implied, cannot therefore come under the first clause of the above section; nor can it come under the second clause, for the action is not for…
1Opinion of the CourtBattle, J.
P. D. Briggs sued the St. Louis, Iron Mountain, and Southern Railway .Company before a justice of the peace of Craighead county, upon an account for thirty-three cords of wood at two dollars per qord. Judgment by default was rendered in favor of plaintiff against the defendant by the justice of the peace, fpr the full amount of the account, and defendant appealed to the circuit court. , •
In the trial in the circuit court, plaintiff testified that he delivered thirty-three cords of wood on the right of way of defendant, at two dollars a cord, amounting to sixty-six dollars; that defendant used…
2Cited by3 opinions
- Frank v. DunganSupreme Court of Arkansas · 1905
- Thompson v. WillardSupreme Court of Arkansas · 1899
- Storm v. MontgomerySupreme Court of Arkansas · 1906