Ford v. Adams
Supreme Court of Arkansas
APPEAL from Desha Circuit Court. John M. Elliott, Judge. The justice certainly had jurisdiction of the subject matter, and hence the only question is, did he acquire jurisdiction of the persons ? Mansf. Dig., secs. 4986-7-8, would seem to settle this. As to errors in assumption of jurisdiction, the office and scope of certiorari and the remedy by appeal, see 28 Ark., 87; 37 id., 318; 44 id., 509; 43 id., 341. This being a proceeding under a “special statute” (Mansf.
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APPEAL from Desha Circuit Court. John M. Elliott, Judge. The justice certainly had jurisdiction of the subject matter, and hence the only question is, did he acquire jurisdiction of the persons ? Mansf. Dig., secs. 4986-7-8, would seem to settle this. As to errors in assumption of jurisdiction, the office and scope of certiorari and the remedy by appeal, see 28 Ark., 87; 37 id., 318; 44 id., 509; 43 id., 341. This being a proceeding under a “special statute” (Mansf. Dig., secs. 4986-7-8), its provisions must be strictly followed ; every fact necessary must be affirmatively shown. 64 N. C.,…
1Opinion of the CourtHughes, J.
Appellant filed a complaint against appellees before a justice of the peace of Desha county, Arkansas, stating that appellees were indebted to him in the sum of $67.30, and claiming $30 damages, alleging that the appellees were part owners of the steamboat James Lee, and had chartered said steamer, and were running her on the Mississippi river, carrying freight and passengers for hire, and that they were responsible for contracts made by themselves or her master, Mark Cheek, who was running said boat as a common carrier; that the appellant, on the 15th day of January, 1889, by his agent,…
2Cited by4 opinions
- Bolling v. CampbellSupreme Court of Oklahoma · 1912
- Wilkins v. WorthenSupreme Court of Arkansas · 1896
- Ribelin v. WilksSupreme Court of Arkansas · 1918
- Burt & Brabb Lumber Co. v. BaileyDistrict Court, E.D. Arkansas · 1909