Hearn v. Ayres
Supreme Court of Arkansas
Appeal from Craighead Circuit Court; Felix G. Taylor, Judge; STATEMENT BY THE COURT. This was an action brought in the circuit court of Mississippi County, at Osceola, by the appellee, E. M. Ayres, against the appellants, Sarah A. Hearn, as administratrix of the estate of the late J. E. Hearn, deceased, and the sureties upon the official bond of said J. E .Hearn, as sheriff of Mississippi County, for the recovery of the value of a lot of cottonwood logs, claimed to have been…
Read the full summary
Appeal from Craighead Circuit Court; Felix G. Taylor, Judge; STATEMENT BY THE COURT. This was an action brought in the circuit court of Mississippi County, at Osceola, by the appellee, E. M. Ayres, against the appellants, Sarah A. Hearn, as administratrix of the estate of the late J. E. Hearn, deceased, and the sureties upon the official bond of said J. E .Hearn, as sheriff of Mississippi County, for the recovery of the value of a lot of cottonwood logs, claimed to have been lost through the negligence of the said J. E. Hearn, whilst they were lawfully in his custody as such sheriff. The…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The judgment of the circuit court in the case of Ayres v. Roy, in which Ayres recovered judgment against Roy for the logs, is conclusive here as to the title and right of possession of the appellee to the logs which the sheriff took possession of under the order of delivery in that suit. Appellants allege that the judgment was void for want of jurisdiction of the person of Roy, but they fail to show it. The judgment recites that “the defendant had been duly summoned to appear and answer, but made default.” This was sufficient to show jurisdiction. It was…
2Cases cited5 opinions
- McConnell v. DaySupreme Court of Arkansas · 1896
- Thorn v. KempSupreme Court of Alabama · 1893
- Prentiss v. HolbrookMichigan Supreme Court · 1852
- Craven v. HigginbothamSupreme Court of Alabama · 1887
- Scoggin v. TaylorSupreme Court of Arkansas · 1853
3Cited by6 opinions
- Sabatino v. RichardsWest Virginia Supreme Court · 1945
- Southern Orchard Planting Co. v. GoreSupreme Court of Arkansas · 1907
- Knox v. KnoxCourt of Appeals of Arkansas · 1988
- Hobbs v. Bolz Cooperage Co.Supreme Court of Arkansas · 1920
- Oakleaf Mill Co. v. LashSupreme Court of Arkansas · 1911
1 more not listed; retrieve them via the Exa API.