Legal Opinion

Jonesboro, Lake City & Eastern Railroad v. Brookfield

Supreme Court of Arkansas

Decided October 5, 1908PublishedCited by 1 opinion

Appeal from Craighead Circuit Court; Jonesboro District; Frank Smith, Judge; statement by ti-ie court. This is a suit by appellee against appellant for a penalty under sections 6611 and 6620 of Kirby’s Digest.

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Appeal from Craighead Circuit Court; Jonesboro District; Frank Smith, Judge; statement by ti-ie court. This is a suit by appellee against appellant for a penalty under sections 6611 and 6620 of Kirby’s Digest. Those sections, in so far as it may be necessary to set them out, are as follows: “The maximum sum which any corporation, etc., operating a line of railroad in this State, shall be authorized to charge and collect for carrying each passenger over such line within the State, in the manner known as first-class passage, is fixed at the following named rates: On lines of railroad fifteen…

1Opinion of the CourtWood, J.

(after stating the facts.) Appellee insists that there is no ¡Mil of exceptions, but an examination of the transcript discloses that “a bill of exceptions,” containing all that is necessary and proper to be included in a bill of exceptions, was presented to and certified and signed by the trial judge. • True, this bill of' exceptions contained also more than was necessary for a bill of exceptions to show, matters that were properly of recqrd, but that did not have the effect to vitiate the bill of exceptions.

Second. The only question necessary to consider is whether or not appellant could…

2Cited by1 opinion

  1. Chicago, Rock Island & Pacific Railway Co. v. McElroySupreme Court of Arkansas · 1909

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