Lowenstein v. Gaines
Supreme Court of Arkansas
Appeal from Independence Circuit Court. Richard H. Powell, Judge. Tbe terms of tbe circuit courts are fixed by law, and this is notice of their times to every one.
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Appeal from Independence Circuit Court. Richard H. Powell, Judge. Tbe terms of tbe circuit courts are fixed by law, and this is notice of their times to every one. An addition of a statement that the first day of a term will fall' on a certain day of a certain month is surplusage, and may be rejected. 1 Ark. 119. The writ was amendable. 13 Ark. 420; 14 Ark. 61; 22 ib. 364; 24 ib. 498; 24 Ark. 16; 25 Ark. 10; 25 Ark. 97; 32 Ark. 280; 38 Ark. 571; Sand. & H. Dig., §§ 5769, 5772; 48 Fed. 148; 32 Ark. 409; 44 Ark. 410; 47 Ark. 373; 50 Ark. 115; 48 Ark. 32. The writ was defective, and hence did…
1Opinion of the CourtBattle, J.
On the 12th of December, 1894, B. Bowen-stein & Bro. filed a complaint with the clerk of the Independence circuit court, who issued upon it a summons in the words and figures as follows:
“The State of Arkansas to the Sheriff of Independence County: You are commanded to summons Abner Gaines to answer on the first day of the next spring term of the Independence circuit court a complaint filed against him in said court by B. Lowenstein & Bro., and warn him that upon his failure to answer the complaint will be taken for confessed. And you will make due return of the summons on the first day of the…
2Cases cited3 opinions
- Dean v. SwiftSupreme Court of Vermont · 1839
- Fisher v. CollinsSupreme Court of Arkansas · 1867
- Thompson v. McHenrySupreme Court of Arkansas · 1857
3Cited by6 opinions
- Armstrong v. Kansas City Southern Ry. Co.U.S. Circuit Court for the District of Western Arkansas · 1911
- Robinson v. Citizens' BankSupreme Court of Arkansas · 1918
- O'Guinn Volkswagen, Inc. v. LawsonSupreme Court of Arkansas · 1974
- Southwestern Distilled Products v. Trimble, JudgeSupreme Court of Arkansas · 1939
- Stivers v. Pacific Building, Inc.Supreme Court of Arkansas · 1980
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