Modern Laundry v. Dilley
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, The circuit court has no original jurisdiction to hear and determine a cause of action arising out of a series of notes of $100 each. Art. 7, § § 11 and 40, Const.
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Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, The circuit court has no original jurisdiction to hear and determine a cause of action arising out of a series of notes of $100 each. Art. 7, § § 11 and 40, Const. Ark.; 74 Ark. 615, and cases cited; 78 Ark. 595; 83 Ark. 372; 89 Ark. 441. Although the complaint does not allege an indebtedness on any one note exceeding $100, proof was admitted without objection that the fourth note went to protest at an expense of $3.15, and the complaint will be treated as amended to conform to the proof. As so amended a cause of action is stated…
1Opinion of the CourtMcCulloch, C. J.
Appellee instituted this action against appellant in the circuit court of Pulaski County to recover judgment on ten promissory notes, executed by the latter to the former, each for the sum of $100, with interest, and recovered judgment, from which an appeal has been prosecuted.
The only question presented here is that the circuit court did not have jurisdiction of the subject-matter, as each one of the notes constituted a separate cause of action and is for an amount not within the jurisdiction of the court.
The Constitution (art. 7, § 40) confers upon justices of the peace jurisdiction,…
2Cases cited7 opinions
- Berry v. LintonSupreme Court of Arkansas · 1838
- Brooks v. HornbergerSupreme Court of Arkansas · 1906
- Paris Mercantile Co. v. HunterSupreme Court of Arkansas · 1905
- Woolley v. Van VolkenburghSupreme Court of Kansas · 1876
- Rose v. ChristinetSupreme Court of Arkansas · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Springdale School District v. JamesonSupreme Court of Arkansas · 1981
- Schaap v. First National BankSupreme Court of Arkansas · 1918
- McCormac v. McCormacSupreme Court of Arkansas · 1990
- Fort Smith Paper Co. v. TempletonSupreme Court of Arkansas · 1914
- Centerpoint Energy, Inc. v. MILLER COUNTY CIRCUIT SECOND DIV.Supreme Court of Arkansas · 2007
1 more not listed; retrieve them via the Exa API.