George v. Jernigan

George Rose Smith, Justice.

Arkmo Lumber & Supply Company brought suit against the petitioners to enforce a materialman’s lien. The petitioners appeared specially and moved to quash the service on the ground that the summons merely directed them to answer the plaintiff’s complaint within 20 days, without further warning them, in the language of the statute, that they were required to answer “under the penalty of the complaint being taken for confessed.” Ark. Stat. Ann. § 27-306 (Repl. 1962). Upon the trial court’s overruling the motion to quash service, the petitioners sought a writ of…