Williams v. Priddy

• Decision Date: 13 November 1933
• Docket Number: 4-3304
• Citation: 64 S.W.2d 553,188 Ark. 137
• Parties: WILLIAMS v. PRIDDY
• Court: Arkansas Supreme Court

64 S.W.2d 553

188 Ark. 137

WILLIAMS v. PRIDDY

4-3304

Supreme Court of Arkansas

November 13, 1933

Prohibition to Conway Circuit Court; A. B. Priddy, Judge writ granted.

Writ granted.

A. M. Dobbs, for petitioner,

Dean Moore & Brazil, for respondent.

OPINION

HUMPHREYS, J.

This is a petition for a writ of prohibition by petitioner to prevent the judge of the circuit court of Conway County from proceeding in a suit for damages by Bishop Luie against petitioner, his deputy, J. S. McCuen, and his official bondsmen for injuries received by Bishop Luie through the negligent driving by his deputy of a stolen automobile with his prisoner, on highway No. 64 near Blackwell, in said county. The petitioner herein resided in Sebastian County, and the negligent act alleged against the deputy was that he turned off the accustomed right-hand side of the highway onto the left-hand side thereof and ran into a wagon in which Bishop Luie was riding. All the defendants in the damage suit, including petitioner herein, resided in and were served with process in some other county than Conway County, where the suit was brought and is pending.

Petitioner herein appeared specially and moved to quash service upon him on the ground that the suit should have been brought in the county of his residence, and that, by reason of the failure to do so, the circuit court of Conway County was without jurisdiction to entertain and try the cause.

The motion was overruled over the objection and exception of plaintiff herein, and this suit for a writ of prohibition followed.

It is provided by § 1175 of Crawford & Moses' Digest that a suit against an officer shall be brought in the county of his residence, and petitioner contends that this suit falls within said section of the statute and should have been brought in Sebastian County, where he resides.

Respondent's position is that the suit for damages on account of the injury received at the hand of plaintiff's deputy was properly instituted in Conway County under the second subdivision of § 1165 of Crawford & Moses' Digest, which is as follows:

"An action against a public officer for an act done by him in virtue or under color of his office or neglect of official duty must be brought in the county where the cause or some part thereof arose."

In support of respondent's position, the case of Edwards v. Jackson, 176 Ark. 107, 2 S.W.2d 44, was cited. In the Edwards case, the...