Webster v. Daniel & Straus
Supreme Court of Arkansas
APPEAL from Lonoke Circuit Court. Hon. F. T. Vaughan, Circuit Judge. 1. The warning order is indefinite — it is based upon the constable’s return, which is contradictory and in the alternative, and not a sufficient basis for an attachment or warning order. See sub. sec. 6, sec. 4725, Gantt’s Dig., Waples Att., p. 270-1, and authorities. A warning order that is vague and indefinite is void. It supplies the place of a summons.
Read the full summary
APPEAL from Lonoke Circuit Court. Hon. F. T. Vaughan, Circuit Judge. 1. The warning order is indefinite — it is based upon the constable’s return, which is contradictory and in the alternative, and not a sufficient basis for an attachment or warning order. See sub. sec. 6, sec. 4725, Gantt’s Dig., Waples Att., p. 270-1, and authorities. A warning order that is vague and indefinite is void. It supplies the place of a summons. See 6 Lea., Tenn., 521; Waples Att., 268-70 and notes; 40 Ark., 7ig. 2. The affidavit for attachment is made upon information and belief only, and is void. Waples, pp.…
1Opinion of the Court
Battle,' J.
Peter Webster, the appellant, was the owner of the land in controversy. Being indebted to Daniel, Straus & Co., as evidenced by his promissory note, they sued him on the note before a justice of the peace of Lonoke county. A summons was issued, and returned not served, because the defendant, Peter Webster, could not be found, the constable stating in his return that the defendant had left the county of his residence (Lonoke) to avoid the service of the summons, or so concealed himself that a summons could not be served on him. And thereafter, on the 13th day of April, 1878, the…
2Cases cited5 opinions
- Bonsall v. IsettSupreme Court of Iowa · 1862
- Harrington v. WoffordMississippi Supreme Court · 1871
- Hubbardston Lumber Co. v. CovertMichigan Supreme Court · 1877
- Glover v. HolmanTennessee Supreme Court · 1871
- De Tar v. Boone CountySupreme Court of Iowa · 1872
3Cited by12 opinions
- Clay v. BilbySupreme Court of Arkansas · 1904
- Lambie v. W. T. Rawleigh Co.Supreme Court of Arkansas · 1929
- Skillern v. White River Levee DistrictSupreme Court of Arkansas · 1919
- Rhyne v. Manchester Assurance Co.Supreme Court of Oklahoma · 1904
- Adams v. NationsbankCourt of Appeals of Arkansas · 2001
7 more not listed; retrieve them via the Exa API.