Allen v. Allen
Supreme Court of Arkansas
Appeal from Prairie Chancery Court, Southern District; Jno. M. Elliott, .Chancellor; 1. The decree was rendered on constructive service and every fact necessary to jurisdiction must affirmatively appear. 48 Ark 246. The publication of the warning order did not comply with the statutes. The last three insertions were after the proof, was filed and two of them after the decree.
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Appeal from Prairie Chancery Court, Southern District; Jno. M. Elliott, .Chancellor; 1. The decree was rendered on constructive service and every fact necessary to jurisdiction must affirmatively appear. 48 Ark 246. The publication of the warning order did not comply with the statutes. The last three insertions were after the proof, was filed and two of them after the decree. Kirby’s Digest, § 6188 as amended by Act 290, Acts 1915. The presumption is that the decree was based on the proof of publication and there is no presumption that other evidence was.heard. ■ 94 Ark. 338; 89 Id. 573; 72…
1Opinion of the CourtMcCulloch, C. J.
Appellee filed her complaint in the chancery court of Prairie county, Southern District, on September 29, 1915, against appellant, her husband, in which she set forth desertion as grounds for divorce, and also set forth a description of certain real estate owned by appellant, and prayed that on- final decree an interest in the lands be awarded her in accordance with the terms of the statute. The omission of a prayer for divorce was an obvious error which was corrected by an amendment to the complaint filed on the next day.
An affidavit was filed with the complaint showing that defendant was a…
2Cases cited1 opinion
- Cannon v. LunsfordSupreme Court of Arkansas · 1909
3Cited by13 opinions
- Reed v. ReedOhio Supreme Court · 1929
- McLean v. McLeanNorth Dakota Supreme Court · 1940
- Austin v. AustinSupreme Court of Arkansas · 1920
- Straughan v. BennettSupreme Court of Arkansas · 1922
- Walker v. WalkerSupreme Court of Arkansas · 1921
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