Kansas City, Fort Scott & Memphis Railway Co. v. King
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court. Bichard H. Powell, Judge. The complaint, in .order to state a cause of action, should state that the killing occurred in the county where the suit is brought. Sand. & H. Dig. § 6352; 55 Ark. 282; 45 S. W. 909; 38 Ark. 206. Appellant saved due exceptions to all the testimony as to where the animal was found, etc., and hence the question of its competency is fairly before the court.
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Appeal from Lawrence Circuit Court. Bichard H. Powell, Judge. The complaint, in .order to state a cause of action, should state that the killing occurred in the county where the suit is brought. Sand. & H. Dig. § 6352; 55 Ark. 282; 45 S. W. 909; 38 Ark. 206. Appellant saved due exceptions to all the testimony as to where the animal was found, etc., and hence the question of its competency is fairly before the court. Pleading over does not waive the objection that the complaint does not state a cause of action. 43 Ark. 230; 44 Ark. 202; 49 Ark. 277. The court erred in reading section 6207,…
1Opinion of the CourtBunn, C. J.
This is a suit for damages in the negligent killing of a horse by one of the trains of the defendant company. Judgment for plaintiff in the sum of $65, and defendant appealed. This action was commenced before a justice of the peace, based on an account for said damages. The defendant was duly summoned, but failed to appear on the day set for trial, and, after waiting three hours, the justice of the peace took the testimony, and found for the plaintiff in the amount claimed, to-wit, the sum of $65, and rendered judgment accordingly. Thereafter, in due time and in due form, the defendant filed…
2Cited by6 opinions
- St. Louis, Iron Mountain & Southern Railroad v. LandersSupreme Court of Arkansas · 1900
- St. Louis-San Francisco Railway Co. v. HarmonSupreme Court of Arkansas · 1929
- Southern Express Co. v. HillSupreme Court of Arkansas · 1907
- Sloan v. Little Rock Railway & Electric Co.Supreme Court of Arkansas · 1909
- Kansas City Southern Railway Co. v. GriffinSupreme Court of Arkansas · 1920
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