Coons v. Throckmorton
Supreme Court of Arkansas
Appeal from Phillips Circuit Court in Chancer//. Hon. James M. Hanks, Circuit Judge. The decree should be reversed, because the appellant was not served with process actual or constructive.
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Appeal from Phillips Circuit Court in Chancer//. Hon. James M. Hanks, Circuit Judge. The decree should be reversed, because the appellant was not served with process actual or constructive. No subpoena was issued against him; nor was there airy affidavit filed stating that he was a non-resident of the State; and without such affidavit, neither the clerk nor court could make an order of publication, (Gould’sDig., ch. £8, sec. 18; Saffold v. Saffold, et al., 11¡. Eng., 408), and a publication made without affidavit is not legal notice to the defendant. Even if the order of publication had been…
1Opinion of the CourtWalker, C. J.
The only question presented for our consideration is, as to the sufficiency of the constructive notice attempted to be given io the appellant Coons, against'whom a decree was rendered upon the state of case made by the bill, for want of answer or defense by him.
Although there are several other defendants to the bill, it is evident that he was the principal party defendant in interest. In the bill he is alleged to bo a resident of the State of Alabama- The solicitors for the complainant made an affidavit setting forth that several of the defendants, naming them, were non-residents; but the…
2Cited by2 opinions
- Love v. KaufmanSupreme Court of Arkansas · 1904
- Johnson v. HunterU.S. Circuit Court for the District of Eastern Arkansas · 1904