Benjamin v. Birmingham
Supreme Court of Arkansas
APPEAL from Logan Circuit Court in Chancery. R. B. Rutherford, Judge. I. There is no record entry showing the appointment •of a guardian ad litem for the heirs of Kidder. Read, who acted as such, was the attorney of Potts, whose interest was adverse. Mansf. Dig., sees. 4957-8, II. No attorney ad litem was appointed to defend for the non-resident defendants. Mansf. Dig., secs. 5190, .5201. III.
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APPEAL from Logan Circuit Court in Chancery. R. B. Rutherford, Judge. I. There is no record entry showing the appointment •of a guardian ad litem for the heirs of Kidder. Read, who acted as such, was the attorney of Potts, whose interest was adverse. Mansf. Dig., sees. 4957-8, II. No attorney ad litem was appointed to defend for the non-resident defendants. Mansf. Dig., secs. 5190, .5201. III. No personal decree could be rendered against .Black, or any one for 'whom he was trustee, 40 Barb., ■226; 29 Barb., 527. The intention of the parties as expressed in the instrument determines wbo are…
1Opinion of the CourtCockrill, C. J.
The appellants were defendants to a. suit brought by the appellee to foreclose a vendor’s lieu upon land and obtain judgment in personam for the residue of the purchase money that might remain unpaid after the sale of the land. Kidder, one of the parties, sought to be charged, died pending the suit and the cause was revived against his administrator and heirs.. Personal service was had on the defendants Potts, Benjamin and Dill and the heirs and administrator of Kidder;. Slack and Hellmich are non-residents and were served by publication of warning order. There was no defense by any one,…
2Cases cited6 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Crawford v. EdwardsMichigan Supreme Court · 1876
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- Lamb v. TuckerSupreme Court of Iowa · 1875
- Hand v. . KennedyNew York Court of Appeals · 1880
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