SOUTHEAST CONST. CO. v. WOOD

No. 5-353.

265 S.W.2d 720 (1954)

SOUTHEAST CONST. CO., Inc. et al. v. WOOD, Judge.

Supreme Court of Arkansas.

March 15, 1954.


Attorney(s) appearing for the Case

Howard L. Wilkinson, Stamps, Daily & Woods, Ft. Smith, for petitioners.

Bates, Poe & Bates, Waldron, for respondents.


WARD, Justice.

This Petition for Writ of Prohibition raises the question of proper venue in an action brought by Cecil N. Elliott and wife against petitioners. The answer to this question depends on whether Elliotts' complaint states a cause of action in damages to real estate or a cause of action on contract. If the former, the action is local and the Writ must be denied, but if the latter, the Writ should be granted.

The first complaint filed by Elliotts...

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