Legal Opinion

Robinson v. Evans

Supreme Court of Arkansas

Decided December 10, 1917PublishedCited by 2 opinions

Appeal from Clay Circuit Court, Western District; R. II. Dudley, Judge; 1. Argues the merits of the cause, contending that the court erred in its instructions to the jury given and refused, citing 3 R. C. L. 109, 6 C. J. 1115; 31 Ark. 518 ; 36 Ala. 449 ; 3 Ann. Cas. 468, and noté; 12 Id. 692, and note. 2. The complaint was amended so as to bring the case within the jurisdiction of the justice. 1. The court had no jurisdiction. Art. 7, § 40, Const.

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Appeal from Clay Circuit Court, Western District; R. II. Dudley, Judge; 1. Argues the merits of the cause, contending that the court erred in its instructions to the jury given and refused, citing 3 R. C. L. 109, 6 C. J. 1115; 31 Ark. 518 ; 36 Ala. 449 ; 3 Ann. Cas. 468, and noté; 12 Id. 692, and note. 2. The complaint was amended so as to bring the case within the jurisdiction of the justice. 1. The court had no jurisdiction. Art. 7, § 40, Const. The damages claimed furnishes the criterion. 44 Ark. 100; 45 Id. 346; 47 Id. 59; 48 Id. 293; 66 Id. 347. The case should be dismissed.

1Opinion of the CourtSmith, J.

This action was begun in the court of a justice of the peace to recover damages claimed to be due appellant, who was the plaintiff below, for the death of a horse owned by him. The suit was originally brought, according to the entry of the justice of the peace on his docket, for $136, which included the value of the horse and the price of his hire. It was discovered that the hire of the Ijorse had been paid and the transcript made by 'the justice of the peace shows the following entry on the justice docket: “2d day of June, 1916; complaint changed in this case, and trial set for June 12,1916.…

2Cited by2 opinions

  1. Bud Hoard Co. v. F. Berg & Co.Supreme Court of Oklahoma · 1929
  2. Smyrna Baptist Church v. BurbridgeSupreme Court of Arkansas · 1943

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