Chaffin v. McFadden
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. Hon. X. J. Pindall, Circuit Judge. G. W. Chaffin was in no attitude to complain of the judgment in rem, for he was not the owner ; and Mrs, Chaffin has no standing in court, after suffering a default, without motion to set aside, accompanied by a meritorious answer, which should appear in the bill of exceptions. 38 Ark., 504. The complaint and account together fulfill all the requirements of the statute.
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APPEAL from Jefferson Circuit Court. Hon. X. J. Pindall, Circuit Judge. G. W. Chaffin was in no attitude to complain of the judgment in rem, for he was not the owner ; and Mrs, Chaffin has no standing in court, after suffering a default, without motion to set aside, accompanied by a meritorious answer, which should appear in the bill of exceptions. 38 Ark., 504. The complaint and account together fulfill all the requirements of the statute. Cohn v. Hager, 30 Ark., 25. The lien does not grow out of the contract, but the use of materials furnished ; it is the putting them upon and attaching…
1Opinion of the Court
OPINION.
I. The complaint sufficiently alleged a personal cause of action against both of the defendants. Mrs. Chaffin, by failing to answer, admitted her personal liability, and on the trial the debt was well enough proved against her.
George Chaffin did not deny the debt in his answer, and, as a witness on the trial, he admitted his personal liability for it.
The pei'sonal júdgment against both appellants was, therefore, right.
1. coveotoro¡° Wssentials II. The complaint did not. aver all the facts necessary to-constitute a material-man’s lien on the lots, nor pray judgfor alien. No compliance…
2Cited by10 opinions
- Kohlenberger, Inc. v. Tyson's Foods, Inc.Supreme Court of Arkansas · 1974
- Lewis v. ClementsSupreme Court of Oklahoma · 1908
- Gamel v. City Nat. Bank of Colorado Tex.Texas Commission of Appeals · 1924
- Arkhola Sand & Gravel Co. v. HutchinsonSupreme Court of Arkansas · 1987
- Wilson v. OvertureSupreme Court of Arkansas · 1923
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