Buffington v. Sipe

• Decision Date: 10 May 1890
• Citation: 13 S.W. 763,53 Ark. 235
• Parties: BUFFINGTON v. SIPE
• Court: Arkansas Supreme Court

13 S.W. 763

53 Ark. 235

BUFFINGTON v. SIPE

Supreme Court of Arkansas

May 10, 1890

APPEAL from Logan Circuit Court, JOHN S. LITTLE, Judge.

Judgment affirmed.

J. H. Evans for appellant.

The justice had no jurisdiction. Nothing was filed except a note endorsed paid in full, upon which plaintiff appeared as a co-maker with defendant. Mansf. Dig., secs. 3900, 4036, 6402; Ark. Justice, sec. 254; 6 Ark. 182; 16 Ark. 371; 23 Ark. 110; 6 Ark. 41; 7 Ark. 403; 9 Ark. 481; 10 Ark. 226.

OPINION

COCKRILL, C. J.

It is unnecessary to inquire whether the action was legally begun by causing a summons to issue for the defendant, upon filing with the justice only a note endorsed paid, upon which the plaintiff appeared as co-maker with the defendant.

The justice, before or after issuing the summons, entered a written statement upon his docket to the effect that the plaintiff claimed that he was surety for the defendant on the note filed, that he had paid the sum of $ 31.00 for him, and brought the suit to recover that amount. Thereafter, the defendant obtained a change of venue, filed this record before a second justice, and entered his appearance to the cause. There is no room to contend that the second justice, who rendered the judgment, had not jurisdiction of a cause plainly stated in writing which was cognizable by him, as well as of the person of the defendant.

The appellant's contention, therefore, fails, and the judgment is affirmed.