158 S.W.2d 926 | Ark. | 1942
Appellant filed this suit against appellee in the Danville district of Yell county to recover damages to compensate an injury resulting from an automobile collision which occurred in the State of Oklahoma. Appellant is a resident of the Danville district of Yell county, and appellee is a resident of Pulaski county, in which latter county service of summons upon him was had.
Appellee appeared specially for the purpose of moving to dismiss the case, upon the ground that the Yell circuit court was without jurisdiction. That motion *859 was sustained, and the complaint was dismissed, from which judgment is this appeal.
Reversal is asked upon the ground that act 314 of the acts of 1939 conferred jurisdiction of the action in the county of appellant's residence.
Such is not the purpose and effect of that act. The collision occurred in Oklahoma, and act 314 does not relate to or cover it. Such is the holding in the cases of Viking Freight Co. v. Keck, Judge,
Appellant has a transitory cause of action, unaffected by act 314, upon which she may sue in any jurisdiction where service may be had. She may sue in the Yell circuit court, if service upon appellee is had in that county, but she cannot maintain the suit in that county upon service had in another county. Section 1398, Pope's Digest.
The case was properly dismissed, and that judgment is affirmed.