Sibley v. Leek, 45 Ark. 346 (1885)

Nov. 1885 · Arkansas Supreme Court

45 Ark. 346

Sibley, Rec’v’r, etc., v. Leek.

1. Jurisdiction : Practice in stipreme court.

This court will not overlook the want of jurisdiction of a cause in the trial court, though the question has not been raised.

2. Same : Of J. P. for injury to personal property.

Under the Constitution of 1874, a justice of tbe peace has no jurisdiction in an action for injury to personal property where the damages claimed exceed one hundred dollars.

APPEAL from Pulaski Circuit Court.

Hon. F. T. Vaughan, Circuit Judge.

Brown and Rose for Appellant.

Kimball, contra.

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.