126 Ark. 118 | Ark. | 1916
John Ashby sued Elmer Milligan before a justice of the peace in Independence county to recover the balance of the purchase money for certain corn which he alleges he sold to Milligan. Ashby recovered judgment against Milligan for $10, and the latter appealed to the circuit court.
■The- transcript of the justice of the peace shows that Milligan made a motion to dismiss the cause of action on the ground that he was a minor and that his motion was overruled. It is also shown that he demurred to the jurisdiction of the court on the ground that he was not a resident of the county. He then filed a set-off in the action and after judgment took an appeal to the circuit court. In the circuit court, Milligan moved the court to quash the service of summons, and to dismiss the action. The court sustained his motion and rendered a judgment quashing the service of summons upon him and setting aside the judgment of the justice of the peace as void. The plaintiff Ashby has appealed to this court.
It follows that the judgment must be affirmed.