Stanley v. Bracht
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. R. B. Rutherford, Circuit Judge. 1. A justice of the peace has no jurisdiction of actions ex delicto for conversion of a chattel. Const. Ark., art. 7, secs.
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APPEAL from Sebastian Circuit Court. Hon. R. B. Rutherford, Circuit Judge. 1. A justice of the peace has no jurisdiction of actions ex delicto for conversion of a chattel. Const. Ark., art. 7, secs. Jfi, 11; 31¡, Ark., 188; 5 lb., 87. 2. Justice’s courts, are courts of limited jurisdiction, and have none unless expressly conferred by the Constitution ; their proceedings must affirmatively show such facts as bring the case within their jurisdiction. 6 Ark., 1¡,1; lb., 182; Ib., 371; 16 Ib., 101¡.; 1¡, Johns., 292; Freeman on Judgments, see. 517; lb., sec. 119, et seq.; Cooley on Torts, p. 117,…
1Opinion of the Court
Eitolisii, G. J.
The material facts of this case may be stated chronologically.
Charles Bracht made and delivered to A. M. Stanley the following instrument:
“Port SMITH, ARK., October 1, 1881.
“ This will certify that as soon as Mr. A. M. Stanley will pay me the twenty-four (this being the amount due me) which I paid for him on said horse, I will return him his horse. He owes me $24, and as soon as he pays me the amount, the horse will be turned over to him. I am to keep the horse until the $24 is paid to me. The horse is in my possession.
“ CiiaRlbs Bracht.”
On the twenty-seventh of June, 1882,…
2Cited by4 opinions
- Bertig v. NormanSupreme Court of Arkansas · 1911
- St. Paul-Mercury Indemnity Co. v. City of HughesSupreme Court of Arkansas · 1960
- Frank v. DunganSupreme Court of Arkansas · 1905
- Smith v. TaylorSupreme Court of Arkansas · 1911