Arkansas Coal, Gas, Fire-Clay & Manufacturing Co. v. Haley
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court. ChareES W. Smith, Judge. Thomas Haley sued the Arkansas Coal, Gas, Fire-Clay & Manufacturing Company, a domestic corporation. Summons was issued and returned served on R. Hibbard, “agent of the Arkansas Coal, Gas, Fire-Clay & Manufacturing Company.” Defendant appeared specially, for the purpose of moving to quash the service of summons.
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Appeal from Ouachita Circuit Court. ChareES W. Smith, Judge. Thomas Haley sued the Arkansas Coal, Gas, Fire-Clay & Manufacturing Company, a domestic corporation. Summons was issued and returned served on R. Hibbard, “agent of the Arkansas Coal, Gas, Fire-Clay & Manufacturing Company.” Defendant appeared specially, for the purpose of moving to quash the service of summons. The motion was denied, and defendant appealed. 1. A defendant can enter his appearance for the purpose of objecting to service, without giving jurisdiction for purposes of judgment in ■personam. 5 Ark. 517; 11 id. 301; 28 S.…
1Opinion of the CourtBattle, J.
The return upon the summons issued by the clerk in this action does not show a legal service upon appellant, because it fails to state that its president or other chief officer was not to be found in the county of Ouachita. Sand. & H. Dig. sec. 5669; Cairo & Fulton Railroad Co. v. Trout, 32 Ark. 17, 23; Same v. Rea, Id. 29; Southern Building & Loan Association v. Hallum, 59 Ark. 583; St. L., I. M. & S. Ry Co. v. Barnes, 35 Ark. 95; Bruce v. Arrington, 22 Ark. 362.
The judgment of the circuit court is reversed, and the cause is remanded for further proceedings. Appellant will be treated as in…
2Cases cited4 opinions
- Cairo & Fulton Railroad v. TroutSupreme Court of Arkansas · 1877
- Southern Building & Loan Ass'n v. HallumSupreme Court of Arkansas · 1894
- St. L., I. M. & S. Railway Co. v. BarnesSupreme Court of Arkansas · 1879
- Bruce v. ArringtonSupreme Court of Arkansas · 1860
3Cited by11 opinions
- Order of Railway Conductors of America v. BandySupreme Court of Arkansas · 1928
- Shorter University v. FranklinSupreme Court of Arkansas · 1905
- Drew Lumber Co. v. WalterSupreme Court of Florida · 1903
- Arkansas Construction Co. v. MullinsSupreme Court of Arkansas · 1901
- Nutrena Mills, Inc. v. Parsons Feed & Farm Supply, Inc.Supreme Court of Arkansas · 1962
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