Memphis Land & Timber Co. v. Board of Directors of St. Francis Levee District
Supreme Court of Arkansas
Appeal from Cross Chancery Court. Edward D. Robertson, Chancellor. statement by ti-ie court. This is an action brought by the board of directors of the St. Francis Levee District, in the chancery court of Cross county, to recover assessments made against certain tracts of land in that county.
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Appeal from Cross Chancery Court. Edward D. Robertson, Chancellor. statement by ti-ie court. This is an action brought by the board of directors of the St. Francis Levee District, in the chancery court of Cross county, to recover assessments made against certain tracts of land in that county. There was a decree against the defendants, Memphis Land & Timber Company, and H. M. Neeley, and against lands owned by them, and they appealed.' No warning order can issue until plaintiff has filed affidavit as required by law. Sand. & H. Dig., § 5679. The failure to do this is not cured by the recitals…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) ' The appellants in this case were nonresidents. They did not appear in the action, and the decree against them was based on a constructive service by publication of a warning order. The record here does not show that there was any affidavit made as a foundation for the warning order against the defendants. The complaint filed in this action is neither signed nor verified as required by the statute, and no affidavit for the warning order appears in the transcript. There is, however, an affidavit of the deputy clerk of the chancery court, filed with the…
2Cases cited1 opinion
- Floyd v. RicksSupreme Court of Arkansas · 1850
3Cited by9 opinions
- Forrest v. FeyIllinois Supreme Court · 1905
- Van Etten v. DaughertySupreme Court of Arkansas · 1907
- Beidler v. BeidlerSupreme Court of Arkansas · 1903
- National Surety Co. v. First Nat. Bank of OpelikaSupreme Court of Alabama · 1932
- Johnson v. HunterCourt of Appeals for the Eighth Circuit · 1906
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