Hogue v. Hogue
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Eastern District, First Division; R. H. Dudley, Judge; STATEMENT OP PACTS. Verna Hogue instituted this action in the circuit court against her husband, Maury A. Hogue, alleging that he had communicated to her a venereal disease.
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Appeal from Clay Circuit Court, Eastern District, First Division; R. H. Dudley, Judge; STATEMENT OP PACTS. Verna Hogue instituted this action in the circuit court against her husband, Maury A. Hogue, alleging that he had communicated to her a venereal disease. She had summons issued on him in Piggott, Arkansas, on June 27, 1918. On October 14, 1918, being the first day of the next term of the court, the defendant, Maury A. Hogue, filed a motion to quash the summons, which had been served upon him in the suit, on the ground that at the time of the service of the summons he was a resident of…
1Opinion of the Court
HART, J.,
(after stating the facts). The record shows that it was ordered and adjudged by the trial court that the summons be quashed and that the defendant go hence without day. Was this a final judgment and, therefore, appealable? The practice in cases of this sort is well settled in this State. Where the trial judge denies a motion to quash the summons or to dismiss the case, he should proceed with the trial, leaving the defendant to save his exceptions to the ruling of the court. Then when final judgment is rendered, all alleged errors occurring at any time during the progress of the trial…
2Cases cited12 opinions
- Powers v. StateIndiana Supreme Court · 1882
- Grubbs v. ConesSupreme Court of Missouri · 1874
- Peterson v. TaylorSupreme Court of Georgia · 1854
- Bettison v. BuddSupreme Court of Arkansas · 1860
- Harlow v. MasonSupreme Court of Arkansas · 1915
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- Stanislaus v. AustinSupreme Court of Arkansas · 1941
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