Austin v. Austin
Supreme Court of Arkansas
Appeal from Benton Chancery Court, Ben F. McMahan, Chancellor; The court’s jurisdiction on constructive service is limited, and it was error to hold that the court had power and jurisdiction to find the value of Oscar Adams’ personal property and fix a lien on his real estate for $400. -The court could not minimize or lessen the effect of our divorce statute (Kirby’s Digest, § 2684); 5 Ark. 608; 126 Id. 164. See also Kirby’s Digest, § § 6254, 6223, 6259. The mere filing of a…
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Appeal from Benton Chancery Court, Ben F. McMahan, Chancellor; The court’s jurisdiction on constructive service is limited, and it was error to hold that the court had power and jurisdiction to find the value of Oscar Adams’ personal property and fix a lien on his real estate for $400. -The court could not minimize or lessen the effect of our divorce statute (Kirby’s Digest, § 2684); 5 Ark. 608; 126 Id. 164. See also Kirby’s Digest, § § 6254, 6223, 6259. The mere filing of a complaint gives the court no jurisdiction over the property of the defendant further than to make the necessary orders…
1Opinion of the CourtMcCulloch, C. J.
Appellee, Ella Austin, and her husband, Oscar Austin, resided together in Benton County, Arkansas, until February 23, 1917, when there was a separation. They have one child the issue of their intermarriage. Oscar Austin owned the quarter section of land which is the subject of the controversy on this appeal, and in addition to household effects he owned personal property, consisting mostly of live stock, of the value of $1,200. On March 7,1917, appellee filed the original complaint in the present action against, her husband for divorce and for allotment of her share of the. property which she…
2Cases cited1 opinion
- Allen v. AllenSupreme Court of Arkansas · 1916
3Cited by12 opinions
- Ormachea v. OrmacheaNevada Supreme Court · 1950
- Ramsey v. RamseySupreme Court of Arkansas · 1975
- Renn v. RennSupreme Court of Arkansas · 1944
- Ginsburg v. GinsburgSupreme Court of Arkansas · 2003
- Cassell v. CassellSupreme Court of Arkansas · 1947
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