Belford v. State

131 S.W. 953, 96 Ark. 274, 1910 Ark. LEXIS 62
CourtSupreme Court of Arkansas
DecidedOctober 17, 1910
StatusPublished
Cited by15 cases

This text of 131 S.W. 953 (Belford v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belford v. State, 131 S.W. 953, 96 Ark. 274, 1910 Ark. LEXIS 62 (Ark. 1910).

Opinion

Frauenthar, J.

This was a proceeding to affiliate a bastard child to the defendant and to secure from the alleged father the lying-in expenses and the support of the child. It was begun in the county court of Clay County, and from an adverse judgment in that court the defendant filed an affidavit and prayer for appeal. The Clay County Court granted the appeal, and directed the clerk of said county court to transmit the papers in the proceedings and copies of the record entries to the circuit court of the Eastern District of Clay County, which was done, and the cause was duly docketed in that court. Thereupon the defendant filed a motion in the circuit court of the Eastern District of Clay County to transfer the cause to the circuit court of the Western District of said county for the reason that the defendant and mother of the child were, residents of said Western District of Clay County, and the cause of action, if any, arose in said district. This motion was overruled, and the circuit court of the Eastern District of Clay County proceeded to try the matter, and in .pursuance of a verdict of the jury adjudged that the defendant was the father Of the child, and should pay the sum of $15 for lying-in expenses and three dollars per month for the support of the child.

By an act of the' Eegislature approved February 23, 1881, entitled “An act to establish separate courts in the county of Clay,” it was provided that the county of Clay be divided into two judicial districts, to be called the Eastern District and the Western District; and therein the territory of said county comprising each of said districts was described. It provided that separate circuit, chancery and probate courts should be established in each of said districts. (Acts 1881, p. 21).

By section 3 of said act it was provided that “said circuit court of Clay County for the Western District shall have original and exclusive jurisdiction of all such cases as are now by law vested in the circuit courts of this State which have or may hereafter arise in said Western District. Provided, that no citizen or resident .of said Eastern District shall be liable to be sued in said Western District, nor any citizen or resident of the Western District shall be liable to be sued in said Eastern District in any action'whatever.” By section 4 of the act it was provided that “the circuit court of the county of Clay, held at the county seat, shall have original and exclusive jurisdiction over the Eastern District.” The act also provided that the circuit court for the Western District of said county should be held at Corning, which is located in said Western District, and that the circuit court for the Eastern District should be held at the county seat of said county, which is located in said Eastern District. The act made no provision, and assumed no power to make any provision, relative to the county court of said county; but by section 16 of said act it was provided “that, as to all matters not within the provisions of this act, -the county of Clay shall be one entire and undivided county.” And by section 5 of the act it was provided that, “in order to ascertain in which of the respective districts in said county actions in the circuit court shall be returnable and be tried, the said districts for all the purposes of this act shall be considered as separate and distinct counties.”

It will thus be seen that the place that had been established by law for the meeting of the Clay County Court prior to and after the passage of this act remained the same; and that was and continued to be at the county seat, which was and is located in the Eastern District of Clay County. A court has been defined to be a place where justice is judicially administered, and in order to constitute a court it must meet at the place that is appointed by law, and the judicial power of such court can be exercised only at such place. Dunn v. State, 2 Ark. 229; Chaplin v. Holmes, 27 Ark. 414; Graham v. Parham, 32 Ark. 676; Neal v. Shinn, 49 Ark. 227. So' that the county court of Clay County could only exercise the judicial powers confided to its jurisdiction while sitting in the Eastern District of Clay County. The jurisdiction of the Clay County Court extends over the entire territory of Clay County, and by virtue of section 28 of art. 7 of the Constitution it has exclusive original jurisdiction in all matters relating to bastardy in said county, without regard to the district of the county in which the parties might reside or the child be born. Within the territory of the Eastern District of Clay County, therefore, the county court must exercise its original jurisdiction in bastardy matters, and in the exercise of that jurisdiction it takes no note of the districts into which the county is divided; but it has jurisdiction over all bastardy cases arising in any portion of Clay County. By section 489, Kirby’s Digest, it is provided that “an appeal will lie from a judgment of the county court to the circuit court in all cases of bastardy, as in cases of appeal from judgments of justices of the peace to circuit courts.”

It is to be presumed that a court will exercise no jurisdiction beyond its territorial limits, and so the circuit court of each county will not exercise jurisdiction over matters arising, or 'Over inferior courts established, without ithe territorial limits of the county. And therefore appeals from the courts of justices of the peace and from county courts lie to the circuit court of the county in which such inferior courts are established and exercise t'he jurisdiction thereof. Kirby’s Digest, § § 4665, 1310; State v. Lancashire Ins. Co., 66 Ark. 466.

Now, by section 5 of this act it is provided that, in order to ascertain the respective jurisdictions of these two district circuit courts of Clay County, the said districts “shall be considered as separate and distinct counties.” We conclude from this that appeals from all inferior courts in Clay County, including the county court, shall be taken to the circuit court in and for the district in which said court is established, and that this is the district in which is located the place where such inferior court is held and there exercises its jurisdiction.

It is urged that by section 3 of said act it is provided that the circuit court of Clay County for the Western District shall have original and exclusive jurisdiction of all cases which may arise in said Western District, and that the citizens resident in the Western District can be sued only in that district. But we think that this provision applies only to the original jurisdiction of that court and not to its appellate jurisdiction; and that the two district' circuit courts would not have concurrent jurisdiction over such cases, but that such original jurisdiction in each district circuit court would be exclusive of the other.

It is urged that there is not sufficient evidence to sustain the verdict rendered herein; and in this connection it is suggested that the testimony of the prosecuting witness, the mother of the child, was not corroborated. But it has been held by this court that proceedings to affiliate a bastard .child are of a civil nature, and that the jury may find that the accused is the father of the child upon the testimony of the mother alone. Chambers v. State, 45 Ark. 56; Pearce v. State, 55 Ark. 387; State v. Blackburn, 61 Ark. 407; Wimberly v. State, 90 Ark. 514; Qualls v. State, 92 Ark. 200.

We have examined the testimony introduced in this case, and we are of opinion that it is sufficient to sustain the verdict.

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Cite This Page — Counsel Stack

Bluebook (online)
131 S.W. 953, 96 Ark. 274, 1910 Ark. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belford-v-state-ark-1910.