Haywood v. Russell

Plaintiffs attached certain real estate of defendant Russell, by process from the Circuit Court of Benton county, obtained judgment by default, issued special fi. fa., and sold the property. The ground of the attachment was non-residence, and no personal service was had. After judgment, defendant appeared and moved to set it aside for irregularity in the notice and other reasons.

The statute of 1855, under which these proceedings were instituted, required that the notice should state the “nature and amount of the plaintiff’s demand.” The notice in question states that the proceedings were…