Wilkerson v. Eads
Supreme Court of Arkansas
Appeal from Columbia Chancery Court; /. M. Baker, Chancellor; 1. The summons served on appellant was against him personally, and not in his representative capacity. The word “administrator” following his name is only a personal description of the party sued. 1 Ark. 232; Kirby’s Dig., § 6034; 25 Ark. 9, 10. 2. The return does not show service in the suit in which judgment was rendered.
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Appeal from Columbia Chancery Court; /. M. Baker, Chancellor; 1. The summons served on appellant was against him personally, and not in his representative capacity. The word “administrator” following his name is only a personal description of the party sued. 1 Ark. 232; Kirby’s Dig., § 6034; 25 Ark. 9, 10. 2. The return does not show service in the suit in which judgment was rendered. A return on a summons issued October 9, 1909, showing service on September 4, 1909, is not a sufficient return upon which to base a judgment by default. Kirby’s Dig., § § 6042, 6043; 81 S. W. 1044; 27 S. W. 955;…
1Opinion of the CourtMcCulloch, C. J.
Appellees, W. T. Eads and J. D. Davis, instituted this action in the chancery court of Columbia County against the Magnolia Manufacturing Company, a corporation, C. E. Shumaker, E. H. Davies and Will Wilkerson, "as administrator of the estate of John Wilkerson, deceased, to recover the amount of five promissory notes, and to enforce an alleged lien on standing timber for the purchase price of which the notes were executed to appellees. A default decree was rendered in favor of appellees, from which an appeal is prosecuted by said administrator.
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2Cases cited4 opinions
- Texarkana Gas & Electric Light Co. v. OrrSupreme Court of Arkansas · 1894
- Eddy v. LoydSupreme Court of Arkansas · 1909
- Saunders v. RuddSupreme Court of Arkansas · 1860
- Sabin v. HamiltonSupreme Court of Arkansas · 1840
3Cited by10 opinions
- Arkmo Lumber Co. v. CantrellSupreme Court of Arkansas · 1923
- Keffer v. StuartSupreme Court of Arkansas · 1917
- Davenport v. DavenportSupreme Court of Arkansas · 1913
- Hayden v. HaydenSupreme Court of Arkansas · 1912
- Hardy v. HardySupreme Court of Arkansas · 1939
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