Labat v. Dugan Piano Co.
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Geo. R. Hay-nie,- Judge; 1. The judgment against M. H. Labat was void for want of notice. He was not a party.
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Appeal from Lafayette Circuit Court; Geo. R. Hay-nie,- Judge; 1. The judgment against M. H. Labat was void for want of notice. He was not a party. Kirby & Castle’s Digest, § 5153. 2. The judgment is not responsive to the issue. 83 Ark. 205; 128 Ark. 25; Id. 229. 3. It was error to render judgment against the in-terpleader and bondsmen for the debt. 99 Ark. 97; 100 Id. 515. 4. No motion for new trial, nor exceptions were necessary; the judgment was unauthorized. 5 Ark. 700; 62 Id. 421. 1. Tlie appeal should be dismissed. No exceptions were saved and no bill of exceptions filed. All objections…
1Opinion of the CourtMcCULLOCH, C. J.
Appellee instituted this action before a justice of the peace against M. H. Labat, the husband of appellant Alice J. Labat, to recover the price of a piano, and at the commencement of the action an order was issued to the sheriff requiring him to take and hold the piano subject to the further' orders of the court, in accordance with the statute which provides that in any action “for the recovery of money contracted for property in possession of the vendee” the court or clerk shall issue, on petition of the plaintiff, an order ■“ directing the sheriff or other officer to take the property…
2Cases cited2 opinions
- Tunstall v. MeansSupreme Court of Arkansas · 1844
- Turner v. Collier & DavisSupreme Court of Arkansas · 1881
3Cited by1 opinion
- Elliott v. Boone County Independent Living, Inc.Court of Appeals of Arkansas · 1997