Legal Opinion

Cady v. Bard

Supreme Court of Arkansas

Decided January 15, 1879PublishedCited by 9 opinions

Error from Linn District Court. Action brought by Cady against Bard and Buck, as executors of G. W. Bard, deceased, said executors having been appointed in another state, and being non-residents. Service was sought by attachment and publication. The district court,'at the November Term, 1877, sustained a motion made by the defendants to set aside the service, on the ground that the court could not obtain jurisdiction of the defendants by attachment and publication.

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Error from Linn District Court. Action brought by Cady against Bard and Buck, as executors of G. W. Bard, deceased, said executors having been appointed in another state, and being non-residents. Service was sought by attachment and publication. The district court,'at the November Term, 1877, sustained a motion made by the defendants to set aside the service, on the ground that the court could not obtain jurisdiction of the defendants by attachment and publication. Cady complains of this ruling, and brings the case her'e.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Plaintiff commenced an action in the district court of Linn county against the defendants, who are executors, &c., of G. W. Bard, deceased, appointed such in another state, and being non-residents. Service was sought by attachment and publication. The petition for the recovery of money counted on a contract alleged to have been made by defendants in the foreclosure of a mortgage on real estate in this state. A motion to set aside the service was made by the defendants, appearing solely for the motion, on the ground that the court could not…

2Cited by9 opinions

  1. Denny v. FaulknerSupreme Court of Kansas · 1879
  2. Manley v. MayerSupreme Court of Kansas · 1904
  3. Manley v. ParkSupreme Court of Kansas · 1901
  4. Dunlap v. McFarlandSupreme Court of Kansas · 1881
  5. Dewey v. BarnhouseSupreme Court of Kansas · 1907

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