First National Bank v. Bedingfield
Supreme Court of Arkansas
Appeal from Miller Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. Appellant, the First National Bank of • Honey Grove, Texas, filed its complaint alleging that appellees were partners under the firm name of Bedford, Zinnecker & Thompson; that appellees wer-e indebted to appellant in certain sums specified, evidenced by promissory notes and secured by mortgage on personal property described therein -owned by the firm; that on March 13, 1905, -appellant…
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Appeal from Miller Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. Appellant, the First National Bank of • Honey Grove, Texas, filed its complaint alleging that appellees were partners under the firm name of Bedford, Zinnecker & Thompson; that appellees wer-e indebted to appellant in certain sums specified, evidenced by promissory notes and secured by mortgage on personal property described therein -owned by the firm; that on March 13, 1905, -appellant duly filed said mortgage for record with the recorder of Miller County, Arkansas, and paid him $1.25 as the county tax…
1Opinion of the Court
Wood, J.,
(after stating the facts.) First. W. C. Zinnecker and J. D. Bedford contend that the judgment against them for want of answer to appellee Bedingfield’s cross-complaint can not be sustained because they were citizens of Texas, and were witnesses, giving depositions in the cause by agreement when service of process was had upon them.
The court tried the question as to whether they were served in appellee Bedingfield’s cross-action against them, and found ■that they had entered their appearance to same under the following indorsement on the original complaint, -to-wit:
“State of Arkansas
“C…
2Cases cited5 opinions
- State v. SmithSupreme Court of Arkansas · 1883
- Case & Co. v. HargadineSupreme Court of Arkansas · 1884
- Dedman v. EarleSupreme Court of Arkansas · 1889
- Price v. SkillernSupreme Court of Arkansas · 1895
- Bowen v. FassettSupreme Court of Arkansas · 1881
3Cited by5 opinions
- O'Neal v. Judsonia State BankSupreme Court of Arkansas · 1914
- Continental Supply Co. v. ThomasSupreme Court of Arkansas · 1917
- Foster v. LuckSupreme Court of Arkansas · 1914
- Fowler v. FranklinSupreme Court of Arkansas · 1941
- Meriwether-Graham-Oliver Co. v. Bank of CommerceDistrict Court, W.D. Tennessee · 1923