Nelson v. Freeman
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; 1. The nature of the action was not set forth in the-summons. This is fatal. 3 Ark. 343-4; Kirby’s Digest, § 4569. 2. The writ was not properly served.
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Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; 1. The nature of the action was not set forth in the-summons. This is fatal. 3 Ark. 343-4; Kirby’s Digest, § 4569. 2. The writ was not properly served. There was no service and the court was without jurisdiction and the judgment is void. 7 Ark. 45-6; 9 Id. 439; 22 Id. 362; 32 Id. 23; 39 Id. 192; 32 Cyc. 463-4-5. The mere statement of itoady to appellant that the writ had been left for him, unaccompanied by delivery or reading was not service. 4 Ark. 449-450. The service was sufficient to support the judgment. It was…
1DissentSmith, J.
It does appear that the defendant, within the time allowed by law for perfecting an appeal from the judgment of a justice of the peace, filed a motion to quash an execution which had issued on the judgment, but no controlling importance is given to that fact. The result here arrived at would have been reached had the motion been filed after the expiration of the time for an appeal. The point made controlling is that defendant elected to file a motion to quash the execution rather than to apply for relief by certiorari. So that the effect of the opinion is that a judgment which was void as…
2Cases cited12 opinions
- Briggs v. SneghanIndiana Supreme Court · 1873
- Boals v. ShulesSupreme Court of Iowa · 1870
- Godfrey v. ValentineSupreme Court of Minnesota · 1888
- Southern Building & Loan Ass'n v. HallumSupreme Court of Arkansas · 1894
- Gray v. HawesCalifornia Supreme Court · 1857
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