Liquefied Petroleum Gas Bd. v. Newton, 5-1803

• Decision Date: 23 March 1959
• Docket Number: No. 5-1803,5-1803
• Citation: Liquefied Petroleum Gas Bd. v. Newton, 322 S.W.2d 67, 230 Ark. 267 (Ark. 1959)
• Parties: LIQUEFIED PETROLEUM GAS BOARD et al., Appellants, v. Pete NEWTON, dba Hampton Butane Company, Appellee.
• Court: Arkansas Supreme Court

Page 67

322 S.W.2d 67

230 Ark. 267

LIQUEFIED PETROLEUM GAS BOARD et al., Appellants, v. Pete NEWTON, dba Hampton Butane Company, Appellee.

No. 5-1803.

Supreme Court of Arkansas.

March 23, 1959.

James L. Sloan, Little Rock, for appellants.

No brief filed for appellee.

HOLT, Justice.

Pete Newton, doing business as Hampton Butane Company, sued the Liquefied Petroleum Gas Control Board of Arkansas and M. L. Blair, its director, in the Calhoun County Chancery Court, alleging, in effect, that he had been engaged in the butane gas business for about 11 years in Hampton, Calhoun County, Arkansas, with a permit from the Gas Board; that the Board was attempting to cancel his permit in a manner not warranted by law and prayed for a temporary injunction and that upon a final hearing, that the temporary injunction be made permanent. On the same day that suit was filed, a temporary injunction was issued and on September 29, thereafter, the temporary injunction was served on each member of the Gas Board and its director, Blair, in Pulaski County, Arkansas. On October 3, 1958, the Gas Board moved to quash the service of the summonses and the temporary injunction on the ground that the Calhoun County Chancery Court was without jurisdiction since the official residence of the members of the Gas Board and its director is in Pulaski County, Arkansas. On a hearing on October 31, 1958, the trial court took judicial notice of the fact that the official residence of the Gas Board members is in Pulaski County and consequently that the venue of the suit in question is in Pulaski County and not Calhoun County, and granted the Gas Board's motion, quashed the service of summonses as prayed, dismissed the complaint and vacated the temporary injunction; but later, on November 18th, the trial court amended its order of October 31st, to provide that pending the Plaintiff's appeal to this court, the temporary injunction should remain in full force and effect. The Gas Board has appealed from this latter action of the Calhoun Chancery Court to this court, as permitted under Sec. 27-2102, Ark.Stats. 1947.

Appellants (petitioners in the trial court) insist here that, 'The Chancery Court of Calhoun County is devoid of jurisdiction over the petitioners, Liquefied Petroleum Gas Board and M. L. Blair, its Director.' We hold that appellants are correct in this contention. It is undisputed that the members of the Gas Board and their director, Blair, all have their official residence in...