Walker v. Walker
Supreme Court of Arkansas
Appeal from Drew Chancery Court; E. O. Hammock, Chancellor; 1. The court erred in rendering a personal judgment against defendant, as he was a nonresident of the State and was only constructively summoned.
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Appeal from Drew Chancery Court; E. O. Hammock, Chancellor; 1. The court erred in rendering a personal judgment against defendant, as he was a nonresident of the State and was only constructively summoned. He did not appear in the trial nor consent to the mode of service, and the judgment for attorney’s fees and alimony is void. 95 U. S. 714; 21 R. C. L. 1299; 42 Ark. 268; 16 L. R. A. 231. 2. The court erred in decreeing a certain sum of money as alimony (38 Ark. 324), and in declaring it a lien on the defendant’s lands. 38 Ark. 119; lb. 477. 3. It was error to overrule appellant’s motion for…
1Opinion of the CourtMcCulloch, C. J.
Appellee instituted this action in the chancery court of Drew County against appellant, her husband, to secure a decree for divorce and for a division of her husband’s property and for recovery of attorney’s fees and alimony. Appellant was not a resident of the State, and the service of process was hy publication of a warning order. The cause was heard by the court upon the complaint and the report of the attorney ad litem and upon oral testimony. The decree was in favor of appellee for dissolution of the bonds of matrimony and for the recovery of attorney’s fees in the sum of one hundred…
2Cases cited3 opinions
- Brown v. BrownSupreme Court of Arkansas · 1881
- Shirey v. ShireySupreme Court of Arkansas · 1908
- Allen v. AllenSupreme Court of Arkansas · 1916
3Cited by12 opinions
- Anheuser-Busch, Inc. v. ManionSupreme Court of Arkansas · 1937
- McIlroy v. McIlroySupreme Court of Arkansas · 1935
- Beasley v. BeasleySupreme Court of Arkansas · 1969
- Bethune v. BethuneSupreme Court of Arkansas · 1936
- Union & Planters' Bank & Trust Co. v. PopeSupreme Court of Arkansas · 1928
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