Holloway v. Holloway
Supreme Court of Arkansas
Appeal from Conway Chancery Court; Jeremiah G. Wallace, Chancellor; STATEMENT BY THE COURT. On September 3, 1906, appellee, Ella N. Holloway, filed her bill for divorce against appellant, Milton Holloway, in the Conway Chancery Court. The complaint alleges cruel treat.ment, and the custody of the children is asked for.
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Appeal from Conway Chancery Court; Jeremiah G. Wallace, Chancellor; STATEMENT BY THE COURT. On September 3, 1906, appellee, Ella N. Holloway, filed her bill for divorce against appellant, Milton Holloway, in the Conway Chancery Court. The complaint alleges cruel treat.ment, and the custody of the children is asked for. Accompanying the complaint is the following affidavit for warning order, duly signed and sworn to: “I, Ella N. Holloway, do solemnly swear that the defendant, Milton Holloway is at present a non-resident of the State of Arkansas, or so conceals himself that a process of summons…
1Opinion of the Court
Hart, J.,
(after stating the facts.) The statute, Kirby’s Digest, § 6055, authorizes the clerk to make a warning order upon the complaint upon the filing of an affidavit of plaintiff, stating any one of six facts, among which are, that defendant is “a non-resident of this State” or “conceals himself so that a summons can not be served upon him.”
The affidavit is in the alternative, and neither states the fact of non-residence nor that the defendant conceals himself so that a summons can not be served upon him. It simply states one or the other, without any possibility of ascertaining which.
In…
2Cases cited4 opinions
- Arnot v. WrightNew York Supreme Court · 1890
- W. B. Dickenson & Bro. v. CowleySupreme Court of Kansas · 1875
- Kegel v. SchrenkheisenMichigan Supreme Court · 1877
- Billings v. NobleWisconsin Supreme Court · 1889
3Cited by9 opinions
- Davis v. SchimmelSupreme Court of Arkansas · 1972
- Carden v. BaileySupreme Court of Arkansas · 1908
- Dean v. SmithSupreme Court of Arkansas · 1938
- Swartz v. DrinkerSupreme Court of Arkansas · 1936
- Fidelity Mutual Life Insurance v. PriceSupreme Court of Arkansas · 1929
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