Robinson v. Citizens' Bank
Supreme Court of Arkansas
Appeal from Johnson Chancery Court; Jordan Sellers, Chancellor; 1. The summons served on defendant was sufficient to support the decree rendered in the cause. 20 Ene. PI. & Pr., 1145; 163 TJ. S. 454; 40 Md. 210; 19 Ark. 253. 2. It was amendable to conform to the complaint and should be treated as amended if necessary. 32 Cye. 534D; 71 111. 354; 8 Ind. 354; 5 Id. 192; Moor. 230; 7 Mo. 173; 14 Abb. Pr. 364; 1 Tex. 481; 40 Cent.
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Appeal from Johnson Chancery Court; Jordan Sellers, Chancellor; 1. The summons served on defendant was sufficient to support the decree rendered in the cause. 20 Ene. PI. & Pr., 1145; 163 TJ. S. 454; 40 Md. 210; 19 Ark. 253. 2. It was amendable to conform to the complaint and should be treated as amended if necessary. 32 Cye. 534D; 71 111. 354; 8 Ind. 354; 5 Id. 192; Moor. 230; 7 Mo. 173; 14 Abb. Pr. 364; 1 Tex. 481; 40 Cent. Dig. 230. 3. But if defective or insufficient the defect was waived by defendant filing an answer. The filing of the answer was a general appearance. 95 Ark. 302; 2 Enc.…
1Opinion of the CourtMcCULLOCH, C. J.
Appellant Robinson obtained judgment against one Stewart before a justice of the peace of Johnson County, Arkansas, for the recovery of a certain sum of money, and, after filing a transcript of the judgment in the office of the clerk of the circuit court in accordance with the statute so as to make it a judgment of the circuit court, he instituted an action in the chancery court of that county against Stewart and appellee Citizens’ Bank of Pettigrew to cancel a certain mortgage which had been executed by Stewart to appellee on lands in Johnson County owned by Stewart. Appellee is a domestic…
2Cases cited3 opinions
- Ayers v. Anderson-Tully Co.Supreme Court of Arkansas · 1909
- Lowenstein v. GainesSupreme Court of Arkansas · 1897
- McNutt v. StateSupreme Court of Arkansas · 1886
3Cited by8 opinions
- Raymond v. YoungSupreme Court of Arkansas · 1947
- Ingram v. RaifordSupreme Court of Arkansas · 1927
- Morgan Utilities, Inc. v. Perry CountySupreme Court of Arkansas · 1931
- Merchants' & Planters' Bank & Trust Co. v. UsserySupreme Court of Arkansas · 1931
- Stane v. MettetalSupreme Court of Arkansas · 1948
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