Legal Opinion

Waldstein v. Williams

Supreme Court of Arkansas

Decided January 1, 1912PublishedCited by 8 opinions

Appeal from Garland Chancery Court; J. P. Henderson, Chancellor; STATEMENT BY THE COURT. This was a proceeding in the Garland Chancery Court to enjoin the sale of a certain lot in the city of Hot Springs, alleged to be the property of appellant. The facts are substantially as follows: The appellees, on the 30th day of June, 1904, recovered judgment against Nettie W. Brooks in the Garland Circuit Court.

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Appeal from Garland Chancery Court; J. P. Henderson, Chancellor; STATEMENT BY THE COURT. This was a proceeding in the Garland Chancery Court to enjoin the sale of a certain lot in the city of Hot Springs, alleged to be the property of appellant. The facts are substantially as follows: The appellees, on the 30th day of June, 1904, recovered judgment against Nettie W. Brooks in the Garland Circuit Court. On the 1st day of June, 1907, they sued out a writ of scire facias to revive the lien of the judgment. This was done by constructive service pursuant to the statute (sections 4445-6, Kirby’s…

1Opinion of the Court

Wood, J.,

(after stating the facts). 1. Counsel for appellant says, in his brief, that the pivotal point upon which this case turns is, “Can a personal judgment be revived upon a constructive service? ”

More accurately stated, the question is: Can the lien of a personal judgment be revived by constructive service?

Appellant contends that it was necessary, before a revival of the lien of the judgment could be had, that the judgment-debtor be served with notice of the scire facias in person; that personal service, in other words, is as essential.in the revival of the lien of the judgment as it was…

2Cases cited1 opinion

  1. Rice, Brown & Co. v. MooreSupreme Court of Kansas · 1892

3Cited by8 opinions

  1. Bohnsack v. BeckSupreme Court of Arkansas · 1987
  2. Continental Nat. Bank & Trust Co. v. John H. Seely & Sons Co.Utah Supreme Court · 1938
  3. Sager v. JordanSupreme Court of Oklahoma · 1920
  4. United States Brewing Co. v. EppAppellate Court of Illinois · 1928
  5. Newman v. NeelSupreme Court of Arkansas · 1921

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