W. T. Adams Machine Co. v. Castleberry
Supreme Court of Arkansas
Appeal from Scott Circuit Court; Jeptha H. Evans, Judge, on exchange of circuits; STATEMENT BY THE COURT. Suit was brought by appellee against appellant in the Scott Circuit Court to recover damages for misrepresentations made by an agent of appellant in the sale of a saw mill to appellee. A summons was duly issued, and made, returnable at the next term of the court.
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Appeal from Scott Circuit Court; Jeptha H. Evans, Judge, on exchange of circuits; STATEMENT BY THE COURT. Suit was brought by appellee against appellant in the Scott Circuit Court to recover damages for misrepresentations made by an agent of appellant in the sale of a saw mill to appellee. A summons was duly issued, and made, returnable at the next term of the court. On the 2d day of the August, 1906, term of court, to which the summons was returnable, the defendant obtained permission to appear specially for the purpose of filing a motion to quash service of summons. The order 'of the court…
1Opinion of the Court
Hart, J.,
(after stating the facts.) We are met at the threshold of this case by the contention that the return of service on the summons shows no sufficient service.
There is no allegation in the complaint as to whether appellant is a partnership, a foreign or domestic corporation. There is an averment, in the motion to quash service of summons, that appellant is a foreign corporation, and has an agent at Plummerville, Arkansas, upon whom service should be had, and this allegation is nowhere denied in the record. The summons was served, as shown by the return, upon “T. W. Barnes, agent.”…
2Cases cited5 opinions
- Spratley v. Louisiana & Arkansas Railway Co.Supreme Court of Arkansas · 1906
- Baskins v. WyldsSupreme Court of Arkansas · 1882
- Lesser Cotton Co. v. YatesSupreme Court of Arkansas · 1901
- Arkansas Construction Co. v. MullinsSupreme Court of Arkansas · 1901
- Union Guaranty & Trust Co. v. CraddockSupreme Court of Arkansas · 1894
3Cited by7 opinions
- Chapman & Dewey Lumber Co. v. MeansSupreme Court of Arkansas · 1935
- Beal-Doyle Dry Goods Co. v. Odd Fellows Building Co.Supreme Court of Arkansas · 1913
- Berryman v. Cudahy Packing CompanySupreme Court of Arkansas · 1934
- Fidelity Mutual Life Insurance v. PriceSupreme Court of Arkansas · 1929
- Fort Smith Iron & Steel Mills v. Southern Round Bale Press Co.Supreme Court of Arkansas · 1919
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