Arkansas Construction Co. v. Mullins
Supreme Court of Arkansas
Appeal from Little River Circuit Court. Will P. Feazel, Judge. STATEMENT BY THE COURT. On the 15th day of June, 1896, appellees, F. W. Mullins, J. W. Harris and T. S. Mullins, partners as the Texas Produce Company, instituted their action in the Little River circuit court against J. H. Hall and B. T. Collins, partners as Hall & Collins, upon a promissory note for $1,897, which plaintiff alleged was due and owing them by defendants, and asked for a judgment thereon.
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Appeal from Little River Circuit Court. Will P. Feazel, Judge. STATEMENT BY THE COURT. On the 15th day of June, 1896, appellees, F. W. Mullins, J. W. Harris and T. S. Mullins, partners as the Texas Produce Company, instituted their action in the Little River circuit court against J. H. Hall and B. T. Collins, partners as Hall & Collins, upon a promissory note for $1,897, which plaintiff alleged was due and owing them by defendants, and asked for a judgment thereon. On December 9, 1896, a writ of garnishment was issued by the clerk of said court, addressed to the sheriff of Miller county,…
1Opinion of the Court
Hughes, J.,
(after stating the facts). The return of service on the writ of garnishment in this cause shows no sufficient service, because: (1) It does not appear from the record that the Arkansas Construction Company was a foreign or domestic corporation. If it was a domestic corporation, the return is not sufficient, because it does not show that the president of the company, mayor, and chairman of the board of trustees were absent when the service was made on an agent. Section 5669 provides that: “Where the defendant is a corporation, created by the laws of this state, the service ■ of the…
2Cases cited3 opinions
- Connecticut Mutual Life Insurance v. SpratleySupreme Court of the United States · 1899
- Henrietta Mining & Milling Co. v. GardnerSupreme Court of the United States · 1899
- Arkansas Coal, Gas, Fire-Clay & Manufacturing Co. v. HaleySupreme Court of Arkansas · 1896
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- W. T. Adams Machine Co. v. CastleberrySupreme Court of Arkansas · 1907
- Knights of Honor of World v. EppsSupreme Court of Arkansas · 1916
- O'Guinn Volkswagen, Inc. v. LawsonSupreme Court of Arkansas · 1974
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