Beloate v. Baker & Co.
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Dene H. Coleman, Judge; 1. In order to entitle appellee to a default judgment it was essential either that the account and affidavit filed in the circuit clerk’s office be exhibited with the complaint, or introduced in evidence upon the hearing.
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Appeal from Independence Circuit Court; Dene H. Coleman, Judge; 1. In order to entitle appellee to a default judgment it was essential either that the account and affidavit filed in the circuit clerk’s office be exhibited with the complaint, or introduced in evidence upon the hearing. Neither was done. 21 Ark. 186. 2. The complaint does not allege that appellant contracted with appellee in person for installing the bath and closet, but that it was done with the request and consent of appellant. If the contract was made by a third party as a contractor, there is a defect of parties defendant,…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted in the circuit court of Independence county by appellee against appellant to recover the sum of $64.00 and to charge certain real estate with a lien for the amount to be recovered under the statute allowing liens for the benefit of mechanics. It is alleged in the complaint that the plaintiff installed a bath and closet in the residence of defendant for the agreed sum of $64.00, the real estate on which the residence is situated being described, and that the plaintiff had complied with the statute by filing with the clerk of the circuit court a verified account of…
2Cases cited1 opinion
- Henry v. BlackburnSupreme Court of Arkansas · 1877
3Cited by3 opinions
- Lyle v. LatouretteSupreme Court of Arkansas · 1946
- Stewart-McGehee Construction Co. v. Brewster & Riley Feed Manufacturing Co.Supreme Court of Arkansas · 1926
- Roobin v. GrindleSupreme Court of Alabama · 1929