Legal Opinion

Linn-McCabe Co. v. Williams

Supreme Court of Arkansas

Decided January 11, 1915PublishedCited by 4 opinions

Appeal from Crawford Circuit Court; Jeptha H. Evcms, Judge; 1. No warning order was issued, nor personal service had. The record fails to show that any legal proof of publication was made of any warning order.

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Appeal from Crawford Circuit Court; Jeptha H. Evcms, Judge; 1. No warning order was issued, nor personal service had. The record fails to show that any legal proof of publication was made of any warning order. The court acquired no jurisdiction and the circuit court had none on appeal. 87 Ark. 313; 40 Id. 124; 50 Id. 433. 2. The defendant only appeared specially- to take an appeal and waived no errors as to jurisdiction. 77 Ark. 412. 3. The letter admitted was irrelevant .and incompetent as evidence and outside this letter there is no evidence to sustain the verdict. 1. Appellant entered his…

1Opinion of the CourtMcCulloch, C. J.

The defendant (appellant) is a foreign corporation and the plaintiff instituted this action against it before a justice of the peace in Crawford County, Arkansas, to recover the amount of an alleged debt for commissions on the sale of pumps which were manufactured and placed on sale by the defendant. An order of general attachment was issued at the commencement of the action and levied on certain personal property of the defendant found in Crawford County, .and a warning order was published. Judgment by default was rendered and the property was ordered to be sold to satisfy the judgment. The…

2Cases cited3 opinions

  1. Vaughan v. StateSupreme Court of Arkansas · 1894
  2. Railway Co. v. SweetSupreme Court of Arkansas · 1895
  3. Railway Co. v. MurphySupreme Court of Arkansas · 1895

3Cited by4 opinions

  1. Smith v. StateSupreme Court of Arkansas · 1967
  2. Mercer v. Motor Wheel CorporationSupreme Court of Arkansas · 1928
  3. Murdock Acceptance Corp. v. SpeerSupreme Court of Arkansas · 1956
  4. In re the Expungement of Criminal Record, CallwoodSupreme Court of The Virgin Islands · 2017

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