Legal Opinion

Little Rock Brick Works v. Hoyt

Supreme Court of Arkansas

Decided September 21, 1908PublishedCited by 1 opinion

Appeal from Pulaski Circuit Court; Bdward W. Winfield, Judge; STATEMENT BY THE COURT. This action was commenced before a justice of the peace for Pulaski County against Arch Reddick and the Little Rock Brick Works, in July, 1905, upon the following paper, which was filed as 'the plaintiff’s cause of action: “Little Rock, Ark., Feb. 17, 1905. “Arch Reddick, “In account with Hoyt Merc. Co., “June 28 — ’05. To Mdse. $13-15- “Little Rock, 'Ark., Feb. 21, 1905. “Mr. Geo.

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Appeal from Pulaski Circuit Court; Bdward W. Winfield, Judge; STATEMENT BY THE COURT. This action was commenced before a justice of the peace for Pulaski County against Arch Reddick and the Little Rock Brick Works, in July, 1905, upon the following paper, which was filed as 'the plaintiff’s cause of action: “Little Rock, Ark., Feb. 17, 1905. “Arch Reddick, “In account with Hoyt Merc. Co., “June 28 — ’05. To Mdse. $13-15- “Little Rock, 'Ark., Feb. 21, 1905. “Mr. Geo. Mobbs: “Please pay to Fred W. McDonald the sum of two ($h.oo) dollars each week out of my wages until above account is satisfied…

1Opinion of the CourtHart, J.

(after stating the facts). Justices of the peace possess only a special, limited and inferior jurisdiction, and their proceedings must show such facts as constitute a case within their jurisdiction; otherwise the law regards the whole proceedings as coram non judice and void. Levy v. Schurman, 6 Ark. 182; Latham v. Jones, 6 Ark. 373; Everett v. Clements, 9 Ark. 478.

The jurisdiction of a justice of the peace over the subject-matter of the controversy is derived from the Constitution, but the mode of proceeding adopted in the case is prescribed by statute.

Section 4565 of Kirby’s Digest,…

2Cited by1 opinion

  1. Austin v. HemphillSupreme Court of Arkansas · 1926

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