Nelson v. Freeman
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; 1. The nature of the action was not set forth in the-summons. This is fatal. 3 Ark. 343-4; Kirby’s Digest, § 4569. 2. The writ was not properly served.
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Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; 1. The nature of the action was not set forth in the-summons. This is fatal. 3 Ark. 343-4; Kirby’s Digest, § 4569. 2. The writ was not properly served. There was no service and the court was without jurisdiction and the judgment is void. 7 Ark. 45-6; 9 Id. 439; 22 Id. 362; 32 Id. 23; 39 Id. 192; 32 Cyc. 463-4-5. The mere statement of itoady to appellant that the writ had been left for him, unaccompanied by delivery or reading was not service. 4 Ark. 449-450. The service was sufficient to support the judgment. It was…
1Opinion of the CourtMcCulloch, C. J.
This is a proceeding instituted by appellant in the circuit court on certiorari to quash the judgment of a justice of the peace in favor of appellee. The circuit court refused to quash the judgment and an appeal has been prosecuted from that order.
The proceedings before the justice of the peace were brought up to the circuit court on the return of the writ, and it appears from the face of the record made by the justice of the peace that appellee’s action against appellant was begun on October 31, 1917, for the recovery of judgment on a promissory note for $25 with accrued interest, and the…
2Cases cited6 opinions
- Ederheimer v. Carson Dry Goods Co.Supreme Court of Arkansas · 1912
- Gates v. BennettSupreme Court of Arkansas · 1878
- Knight v. CreswellSupreme Court of Arkansas · 1907
- Levy v. Ferguson Lumber Co.Supreme Court of Arkansas · 1888
- Gates v. HayesSupreme Court of Arkansas · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Davis v. SchimmelSupreme Court of Arkansas · 1972
- Overton v. AlstonSupreme Court of Arkansas · 1939
- Twin City Bank v. J. S. McWilliams Auto Co.Supreme Court of Arkansas · 1931
- Whaley v. Whaley, AdministratrixSupreme Court of Arkansas · 1948
- Budd v. BurnettSupreme Court of Arkansas · 1919
1 more not listed; retrieve them via the Exa API.