Kizer Lumber Co. v. Mosely
Supreme Court of Arkansas
Appeal from Miller Circuit Court. 1. The sheriff’s return of service is conclusive. Its truth cannot be controverted. 40 Ark. 141; 25 id. 311; 39 id. 70; 44 id. 202. 2. The motion to set aside the decree is not based upon any of the grounds in sec. 3909, Mansf. Dig.; but if it Had been, sec. 3911 requires a complaint setting forth the grounds, and a good defense.
Read the full summary
Appeal from Miller Circuit Court. 1. The sheriff’s return of service is conclusive. Its truth cannot be controverted. 40 Ark. 141; 25 id. 311; 39 id. 70; 44 id. 202. 2. The motion to set aside the decree is not based upon any of the grounds in sec. 3909, Mansf. Dig.; but if it Had been, sec. 3911 requires a complaint setting forth the grounds, and a good defense. If not actually served, defendant’s remedy was to enjoin. 32 Ark. 459 ; 53 id. 11; 52 id. 80. 3. The ninety days commenced to run only from the date of the last item of the account. Jones on Liens, sec. 1435; 44 Md. 453; 3 Col. 255 ;…
1Opinion of the CourtBattle, J.
This action was brought by appellants against Jacob Mosely, in the Miller circuit court, on the equity side, to enforce a lien for materials furnished the defendant and used by him in building a residence in Miller county, in this State. The summons in the case was returned by the sheriff legally served. The defendant failed to appear at the time at which he was required to do so, and a decree by default was rendered against him in favor of the plaintiffs for $197.82, the amount of the account sued on and interest; 'and it was ordered that the residence and the fractional block on which it…
2Cases cited5 opinions
- Trustees of the German Lutheran Evangelical St. Matthew's Congregation v. HeiseCourt of Appeals of Maryland · 1876
- State v. HillSupreme Court of Arkansas · 1887
- Livermore v. WrighSupreme Court of Missouri · 1862
- Jones v. Swan & Co.Supreme Court of Iowa · 1866
- Murray v. RapleySupreme Court of Arkansas · 1875
3Cited by26 opinions
- Republic Nat. Bank & Trust Co. v. Massachusetts Bonding & Ins.Court of Appeals for the Fifth Circuit · 1934
- Bowman Engineering Co. v. Arkansas & Missouri Highway DistrictSupreme Court of Arkansas · 1921
- Western Iron Works v. Montana Pulp & Paper Co.Montana Supreme Court · 1904
- Hot Springs Plumbing & Heating Co. v. WallaceNew Mexico Supreme Court · 1933
- Jefferson Plumbers & Mill Supply Co. v. PeeblesSupreme Court of Alabama · 1916
21 more not listed; retrieve them via the Exa API.