Byers v. Fowler
Supreme Court of Arkansas
Appeal from the Chancery side of the Jackson Circuit Court. On the 5th April, 1845, William F. Denton and Absalom Fowler filed a bill in the chancery side of the Jackson Circuit Court, making,' in substance, the following allegations : That John R. Neff and Peter Neff, as partners, under the firm of Neff & Brother, on the 2d day of April, 1841, after declaration filed, and process issued and served in due form, recovered a judgment against Lewis B. Tully, in the Circuit…
Read the full summary
Appeal from the Chancery side of the Jackson Circuit Court. On the 5th April, 1845, William F. Denton and Absalom Fowler filed a bill in the chancery side of the Jackson Circuit Court, making,' in substance, the following allegations : That John R. Neff and Peter Neff, as partners, under the firm of Neff & Brother, on the 2d day of April, 1841, after declaration filed, and process issued and served in due form, recovered a judgment against Lewis B. Tully, in the Circuit Court of the United States for the District of Arkansas, for the sum of $3,473 92 debt, and $29G damages, and for costs of…
1Opinion of the CourtChief Justice Johnson
The objection to the service of the original summons in the case of Neff & Brother instituted in the Circuii Court of the United States for the District of Arkansas, and under the judgment rendei’ed in which the complainants in the original bill claim title, is well taken in fact, but is untenable in point of law. The service did fail to state that the summons was left at the usual place of abode of the defendant, as required by the statute, and might, possibly, upon a direct proceeding in an appellate court, have been reversed. Such a defect, however, cannot operate to render absolutely void…
2Cases cited21 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Vattier v. HindeSupreme Court of the United States · 1833
- Woodcock v. BennetNew York Supreme Court · 1823
- Green v. HartNew York Supreme Court · 1806
- New York Firemen Insurance v. ElyNew York Supreme Court · 1824
16 more not listed; retrieve them via the Exa API.