Turner v. Bailey

George Rose Smith, Justice.

This appeal from a default judgment was certified to this court by the Court of Appeals. Rule 29 (4) (b).

When both parties were living in Florida the plaintiff Bailey, a race-horse trainer, agreed to train two horses owned by the defendant Turner, an attorney. In July, 1978, Bailey moved to Arkansas and brought the horses here. Two months later he brought this action on the contract, alleging that Turner owed $5,843.75 in training fees and necessary expenses. Constructive service was obtained by warning order.

Turner filed a motion to dismiss and then employed an…