117 Ark. 442 | Ark. | 1915
(after stating the facts).
There are no allegations in the paragraph of the complaint to the effect that appellant was damaged by reason ■of the failure of the appellee, Spartan Hosiery Mills, to have the goods delivered according to the contract, and setting forth the amount of such damages.
Even if the court erred in sustaining the demurrer to the sixth paragraph, its judgment can not be reversed. Section 6 of Act 138 of the Acts of 1911, providing for an additional circuit judge for the second judicial circuit of Clay County, and regulating the practice in said circuit, provides as follows :
“It shall not be reversible error that any case is tried in the division to which it has not been specially assigned. ’ ’
In Blackstad Mercantile Co. v. Bond, 104 Ark. 45, the court had under review the above statute, and after setting out section 6, we said:
“It is manifest from the section just quoted that the jurisdiction of the court does not depend upon the proper assignment of a case to either division. The statute expressly declares that it shall not even be reversible error ; that is, that it shall not affect the validity of the proceedings even on a direct attack by appeal for any ease to be tried in a division to which it has not been assigned. ’ ’
The judgment of the circuit court dismissing appellant’s complaint is correct, and it is, therefore, affirmed.