Cox Investment Co. v. Major Stave Co.
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Minor Pipkin, Special Judge; J. I. Alley, for appellant. The appellee entered its appearance (1) by filing affidavit and bond for appeal; (2) by filing an answer and (3) by cross-examining witnesses. 122 Ark. 278; 85 Id. 431; 87 Id. 230; 29 Id. 85; 95 Id. 302; 90 Id. 316; Kirby’s Digest, § 4666. Defendant only entered its appearance specially and not for all purposes or generally.
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Appeal from Polk Circuit Court; Minor Pipkin, Special Judge; J. I. Alley, for appellant. The appellee entered its appearance (1) by filing affidavit and bond for appeal; (2) by filing an answer and (3) by cross-examining witnesses. 122 Ark. 278; 85 Id. 431; 87 Id. 230; 29 Id. 85; 95 Id. 302; 90 Id. 316; Kirby’s Digest, § 4666. Defendant only entered its appearance specially and not for all purposes or generally. The cases cited are not in point, bnt this case is ruled by 77 Ark. 412; 85 Id. 236.
1Opinion of the CourtHumphreys, J.
Appellant instituted this suit against appellee before S. H. Smith, a magistrate, in Center township, Polk County, on June 13, 1916, to recover $90 on an account for sixty thousand staves, property claimed by appellant and alleged to have been wrongfully purchased from Jones & Lovett and appropriated to the use'of appellee.
An attempt was made to serve appellee under Act 98 of the Acts of Arkansas, 1909.
Appellee appeared for the sole purpose of filing the following motion to quash the summons, towit:
“Comes the defendant in this cause, and appears solely for the purpose of this motion, and for…
2Cases cited8 opinions
- Spratley v. Louisiana & Arkansas Railway Co.Supreme Court of Arkansas · 1906
- Foohs v. BilbySupreme Court of Arkansas · 1910
- Harrison v. TraderSupreme Court of Arkansas · 1874
- Chicago, Rock Island & Pacific Railway Co. v. JaberSupreme Court of Arkansas · 1908
- Carden v. BaileySupreme Court of Arkansas · 1908
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3Cited by5 opinions
- Robinson v. BossingerSupreme Court of Arkansas · 1938
- Goodyear Tire Rubber Company v. MeyerSupreme Court of Arkansas · 1945
- Cotton v. CottonCourt of Appeals of Arkansas · 1981
- Booth v. McCordSupreme Court of Arkansas · 1970
- Naperskie v. TrevillionSupreme Court of Arkansas · 1941