St. Louis, Iron Mountain & Southern Railway Co. v. Gray
Supreme Court of Arkansas
Appeal from Conway Circuit Court. William L. Moose, Judge. The evidence fails to show jurisdiction. 38 Ark. 205; 55 Ark. 283; 70 Ark. 346. It was error not to make H. L. Buford a party plaintiff upon demand of the defendant. 30 Ark. 401; 32 Ark. 304; 36 Ark. 207; 37 Ark. 593; 39 Ark. 413. The record shows jurisdiction in the trial court. 67 Ark. 512; 70 Ark. 346; 68 S. W. 153; 29 Ark. 293; 53 Ark. 46; 17 Am. & Eng.
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Appeal from Conway Circuit Court. William L. Moose, Judge. The evidence fails to show jurisdiction. 38 Ark. 205; 55 Ark. 283; 70 Ark. 346. It was error not to make H. L. Buford a party plaintiff upon demand of the defendant. 30 Ark. 401; 32 Ark. 304; 36 Ark. 207; 37 Ark. 593; 39 Ark. 413. The record shows jurisdiction in the trial court. 67 Ark. 512; 70 Ark. 346; 68 S. W. 153; 29 Ark. 293; 53 Ark. 46; 17 Am. & Eng. Enc. 904, 905, 912. The statute of limitations must be pleaded. 19 Am. & Eng. Enc. Law (2d Ed.), 332; 13 Am. & Eng. Enc. PI. & Pr. 200, 271. H. L. Buford was not a proper party.…
1Opinion of the CourtBunn, C. J.
This is a suit for damages in the killing of a horse colt by one of the handcars of the defendant, tried and determined in the Conway circuit court. Judgment by default was rendered, and the company appealed.
Conceding that there is sufficient evidence to sustain the judgment, although the evidence is weak at best, the only remaining question is, whether or not the venue was proved, and this question is raised by the third assignment of errors; that is to say: “The court had no jurisdiction of the case.” The jurisdictional facts were alleged in the complaint, but in no very direct way. The…
2Cases cited3 opinions
- Jacks v. MooreSupreme Court of Arkansas · 1878
- Little Rock & F. S. R. R. v. CliftonSupreme Court of Arkansas · 1881
- Little Rock & Fort Smith Railway Co. v. JamisonSupreme Court of Arkansas · 1902
3Cited by1 opinion
- Kansas City Southern Railway Co. v. IngramSupreme Court of Arkansas · 1906