Pierce v. Butters
Supreme Court of Arkansas
Error from Lyon District Court. Action on a note and mortgage, brought by Butters, against Charles E. Pierce and four other defendants. Service of summons was made by publication only. At the March Term, 1877, of the district court, judgment was rendered in the court below on default (none of the -defendants appearing in the case) in favor of plaintiff and against the defendants, and the mortgaged property was ordered to be sold.
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Error from Lyon District Court. Action on a note and mortgage, brought by Butters, against Charles E. Pierce and four other defendants. Service of summons was made by publication only. At the March Term, 1877, of the district court, judgment was rendered in the court below on default (none of the -defendants appearing in the case) in favor of plaintiff and against the defendants, and the mortgaged property was ordered to be sold. Defendants below bring the case here for review. All .necessary facts and proceedings are sufficiently stated in the subjoined opinion. The facts are, that the court…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action on a note and mortgage. Service of summons was made by publication only. The affidavit upon which the service of summons was made-stated that the service could not be made on any of the defendants within the state, and that the action was one for the foreclosure of a certain mortgage on real estate, but the affidavit did not state or show that the defendants were nonresidents of the state, or that they in any manner attempted to avoid the service of summons. In this we think the affidavit was defective.
The affidavit…
2Cases cited11 opinions
- Foreman v. CarterSupreme Court of Kansas · 1872
- Shields v. MillerSupreme Court of Kansas · 1872
- Ogden v. WaltersSupreme Court of Kansas · 1873
- Robinson v. BurtonSupreme Court of Kansas · 1870
- Claypoole v. HoustonSupreme Court of Kansas · 1873
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3Cited by17 opinions
- Harris v. ClaflinSupreme Court of Kansas · 1887
- Raymond v. Nix, Halsell & Co.Supreme Court of Oklahoma · 1897
- Tolbert v. State Bank of PadenSupreme Court of Oklahoma · 1911
- Long v. FifeSupreme Court of Kansas · 1891
- Morris v. RobbinsSupreme Court of Kansas · 1910
12 more not listed; retrieve them via the Exa API.