Supreme Court of Arkansas, 1885

Sibley v. Leek

Sibley v. Leek
Supreme Court of Arkansas · Decided November 15, 1885 · Smith
45 Ark. 346
Sibley v. Leek

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Smith, J.

The cause of action was the killing of' live stock by the train of a railroad operated by a receiver. The action was begun before a justice of the peace, and damages were laid at $130. The'question of jurisdiction has not been raised, but cannot be overlooked. As the damages claimed exceeded $100, and arose out of an injury to personal property, the justice had no jurisdiction over the subject matter of the controversy. Constitution of 1874, Art. 7, Sec. 40; L. R., M. R. & Tex. R'y v. Manees, 44 Ark., 100.

The judgment of the Pulaski circuit court is vacated and the cause dismissed.

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