The Sentinel=record., 1911-03-19
WRIGHT CASE
 OUT 0F COURT
MOTHER OF OSCAR cHlTwoop WILL HAVE TO BRING CIVIL
 ACTION AT HOME.
service on Senator lamp Williams, One of the Bondsmen, Brought the Status Into Question.
 Back to Garland.

The suit filed by Mrs. R. A. Wright mother of Oscar Chitwood, in which she asks s25.000 damages from Sher- if Sid Houpt and his bondsmen fer the killing of Chitwood in this city on December 26, was yesterday thrown out of the Pulaski Circuit Court at Little Rock.
 The suit had been brought there by Attorney James l.. Graham, and sers- lee was had on Senator Hamp Will Hams, one of the bondsmen. The question was immediately raised as to the right to issue a service on a member of the legislature.
 Attorney l.. E Sawyer, representing the defendants in the action, yester- day appeared in Little Rock in con tention of the suit and asked that the court dismiss the action for want Of jurisdiction, which point was won.
 It is stated that the same action will now be filed in the circuit court in this district. Since the filing of that suit another in the sum of s100,- 900 has been brought by Dan Goodwin, as administrator for estate of Oscar Chitwood.
 Chitwood was prisoner in the county jail under two indictments, had secured a change of venue, and was to have had trial at Benton sn Saline county. when on December .6 he was taken from the jail and mur- dered. Ben Murray and John Ruther- ford. deputiess are Hew held without bond as accessories to that tragedy.
 The suit is not dismissed because the court holds that senator Is not exempt from civil process, because the court holds that he is not exempt. but the case Is dismissed for want ot jurisdiction, because it is brought against county official in county where he was not elected to office.
 The opinion in full is as follows:
 This is an action growing out of the killing of Oscar Chitwood in Garland county.
 The plaintiff sues the defendants and asks judgment in the sum of S50,000 against Sid Houpt, sheriff; John Rutherford and Ben Murray deputy sheriffs. and J. ". McClendon, A. J. Gunther, Hamp Williams, T. P Rutherford, Reb Houpt. A. c. Houpt and c. F. Taylor. bondsmen.
 Service of process was had uron Hamp Williams. a state senator, n Pulaski county, and upon the other defendants in Garland county.
 Defendant Williams moves to quash service upon him on the ground that he is member of the General As sembly and represents the Thirty-f1rst senatorial district and is exempt from service Of the process and also for want of jurisdiction.
 A court has been defined as an or ganized judicial body or tribunal with defined powers bestowed upon ' meet Ing at certain fixed times and places for the hearing of such issues as may s;S presented bufoTe 1t and decidine such issues brought before 1t by its proper officers, viz, attorneys ana counselors to represent the contestine parties and to assist in the manage nlent of it's business, clerk to record It's proceedings and attest it's process an executive officer to Gxecute it's or ders and secure due order and a jury 10 assist in determining questions o' Tact, all it's proceedings to De in writ Ing and of ord.-Burrell's Law Die tionary
 < Certain requisites are essential be lore valid judgment can be render eu by court. Among these requisites are plaintiff and defendant. Thf phintiff must set lfortn his cause o' action and pray his relief, and sucf action must be within the jurisdiction oI the court to determine. There mus pc defendant subject to the jurisdlc' t'on of the court aud who has beer Nsally cited to aprear and defen1 me court must have power to de 'ermlne the issues involved and power 'o enter the judgment 1t renders.
 It is indispensable to the bindinl eHect and validity of judgment eha' 'ne court aas jurisdiction both of th' suo1ect matter of the action and Q sne subject matter of the action am