German Investment Co. v. Westbrook
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; 1. Where one has a cause of action cognizable before a justice of the peace against two defendants living in different counties, he may bring suit before a justice in the township of the county in which one of the defendants resides, takes _ summons directed to constable of the county in which the other defendant resides, and when that summons is served the justice before whom the suit is brought has the…
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Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; 1. Where one has a cause of action cognizable before a justice of the peace against two defendants living in different counties, he may bring suit before a justice in the township of the county in which one of the defendants resides, takes _ summons directed to constable of the county in which the other defendant resides, and when that summons is served the justice before whom the suit is brought has the same jurisdiction as if both defendants resided in his county. Kirby’s Digest, § 4558. 2. When appellant filed…
1Opinion of the CourtFbauenthal, J.
This was an action instituted by the German Investment Company, the plaintiff below, the assignee of a note, against J. F. Westbrook, the maker, and D. R. Miller, the payee and indorser thereof. The suit was instituted before one of the justices of the peace of Pulaski County, in the township where D. R. Miller, one of the defendants, resided, and summons for J. F. Westbrook, the other defendant, was issued to the constable of Prairie County, where he resided, and service thereof was duly made upon him there in pursuance of section 4558 of Kirby’s Digest. On the return day of the summons…
2Cases cited5 opinions
- Holloway v. HollowaySupreme Court of Arkansas · 1908
- K. C., S. & Memphis R. R. v. SummersSupreme Court of Arkansas · 1885
- McKee v. MurphySupreme Court of Arkansas · 1838
- Ball v. KuykendallSupreme Court of Arkansas · 1840
- Hopkins v. HarperSupreme Court of Arkansas · 1885
3Cited by3 opinions
- Mercer v. Motor Wheel CorporationSupreme Court of Arkansas · 1928
- Cudahy Packing Co. v. Chicago & Northwestern Railway Co.Supreme Court of Missouri · 1921
- Murdock Acceptance Corp. v. SpeerSupreme Court of Arkansas · 1956