Arbie v. Jones
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; Charles W. Smith, Judge; 1. The attachment was void for lack of jurisdiction. Where the defendant is a foreign corporation having an agent in this State, there is no excuse for a warning order.' Kirby's Dig. § 6055. Graham having been regularly appointed agent for process, service upon Cook was a nullity.
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Appeal from Calhoun Circuit Court; Charles W. Smith, Judge; 1. The attachment was void for lack of jurisdiction. Where the defendant is a foreign corporation having an agent in this State, there is no excuse for a warning order.' Kirby's Dig. § 6055. Graham having been regularly appointed agent for process, service upon Cook was a nullity. Kirby’s Dig. § § 6018, 825, 834; 69 Ark. 396; 64 S. W. 225. On the point-that an officer executing void process is liable in trespass, see 36 Ark. 268; 58 Ark. 181; 8 Ark. 406. It appearing by the evidence that the title to the lumber was -in appellants,…
1Opinion of the CourtMcCulloch, J.
The plaintiffs, E. W. Albie and C. M. Cook, the beneficiary and trustee, respectively, in a trust deed executed by the Erwin & Wood Company conveying a lot of lumber .as .security for a debt to Albie in the sum of $9,500, instituted this action against the defendants, T. T. Jones,- constable, and B. W. Reeves and Berry Murphy, the sureties on his official bond, to recover the value of said lumber which is alleged to have been wrongfully seized and sold by said officer under writs of attachment against the property of Erwin & Wood Company.
The defendants pleaded in justification that the…
2Cases cited4 opinions
- Jones v. TerrySupreme Court of Arkansas · 1884
- Townsly-Myrick Dry Goods Co. v. FullerSupreme Court of Arkansas · 1893
- Meadow v. WiseSupreme Court of Arkansas · 1883
- Bothwell v. SheffieldSupreme Court of Georgia · 1850
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- Witter v. Massachusetts Bonding & InsuranceSupreme Court of Iowa · 1933
- Southern Surety Co. v. BenderOhio Court of Appeals · 1931
- Biederman v. ParkerSupreme Court of Arkansas · 1912
- Koehne v. PriceDistrict of Columbia Court of Appeals · 1949
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