Karnes v. Ramey

Hart, J.,

(after stating the facts). This court is committed to the doctrine that an officer’s false return of service of process shall not preclude the defendant from showing the truth, in a proper proceeding, to be relieved from the burden of a judgment or decree based thereon. One who is aggrieved by a judgment rendered in his absence must show not only that he was not summoned, but also that he did not know of the proceeding in time to make a defense. State v. Hill, 50 Ark. 458, 8 S. W. 401; First National Bank v. Dalsheimer, 157 Ark. 464, 248 S. W. 575; and First National Bank of…