Mullins v. Central Coal & Coke Co.
Supreme Court of Arkansas
Appeal from Little River Chancery Court. James D. Spiaver, Chancellor. STATEMENT BY THE COURT. In 1898 F. W. Mullins and others, partners doing business under the firm name of the Texas Produce Company, brought an action in the Little River Circuit Court against J. H. Hall and B. T. Collins, who were partners under the firm name of Hall & Collins, to recover a debt amounting to about $2,000. The plaintiffs in, that action filed an affidavit, and obtained a writ of attachment…
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Appeal from Little River Chancery Court. James D. Spiaver, Chancellor. STATEMENT BY THE COURT. In 1898 F. W. Mullins and others, partners doing business under the firm name of the Texas Produce Company, brought an action in the Little River Circuit Court against J. H. Hall and B. T. Collins, who were partners under the firm name of Hall & Collins, to recover a debt amounting to about $2,000. The plaintiffs in, that action filed an affidavit, and obtained a writ of attachment and garnishment. The writ of garnishment, directed against the Central Coal & Coke Company, a Missouri corporation, was…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The plaintiff in this action is a foreign corporation, and seeks to enjoin a judgment rendered against it in this State on the ground that it is unjust and inequitable, and rendered without notice and without giving opportunity to defend.
It is shown beyond question that the authority of the agent upon whom the service of summons was made in the action in which the judgment in question was based had been previously revoked, and the question here is whether the plaintiff had notice of the revocation of his authority before the commencement of the action.…
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