Hollis v. Hogan
Supreme Court of Arkansas
Appeal from Baxter Circuit Court; J, B. Baker, Judge; 1. A judgment without notice is void. Kirby’s Digest, § 4224; 3 Ark. 532; 5 Id. 424; 2 Id. 149; 20 Id. 12; 34 Id. 529. Want of service, or notice may be shown by parol evidence. 33 Ark. 778; 50 Id. 458. A personal judgment can not be rendered on constructive service. 64 Ark. 137; 42 Id. 268. A meritorious defense is not necessary when an attack is made to quash by certiorari. 50 Ark. 458; 52 Id. 80. 2. The judgment here…
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Appeal from Baxter Circuit Court; J, B. Baker, Judge; 1. A judgment without notice is void. Kirby’s Digest, § 4224; 3 Ark. 532; 5 Id. 424; 2 Id. 149; 20 Id. 12; 34 Id. 529. Want of service, or notice may be shown by parol evidence. 33 Ark. 778; 50 Id. 458. A personal judgment can not be rendered on constructive service. 64 Ark. 137; 42 Id. 268. A meritorious defense is not necessary when an attack is made to quash by certiorari. 50 Ark. 458; 52 Id. 80. 2. The judgment here is absolutely void. 66 Ark. 282-5; 25 Id. 60; 40 Id. 124; 50 Id. 433. The suit was brought in a township other than…
1Opinion of the CourtHart, J.
Ben Hollis filed a petition in the circuit court for a writ of certiorari'to quash a judgment obtained against him by W. M. Hogan before a justice of the peace in Union Township in Baxter County, Arkansas. The circuit court dismissed his petition and Hollis has appealed.
The case, as stated in his petition is substantially as follows: ■
On the 15th day of May, 1915, W. M.' Hogan filed an account against B. W. Hollis before a justice of the peace in Union Township in Baxter County, Arkansas. The account was for merchandise sold by Hogan to Hillis, and was duly verified. The account contained a…
2Cases cited2 opinions
- Gates v. HayesSupreme Court of Arkansas · 1901
- Lawrence v. MeyerSupreme Court of Arkansas · 1879
3Cited by4 opinions
- Chiles v. Fort Smith Commission Co.Supreme Court of Arkansas · 1919
- Overton v. AlstonSupreme Court of Arkansas · 1939
- Whaley v. Whaley, AdministratrixSupreme Court of Arkansas · 1948
- Overton v. AlstonSupreme Court of Arkansas · 1939