Welch v. Hicks
Supreme Court of Arkansas
APPEAL PROM PRAIRIE CIRCUIT COURT. IIon. John Whytock, Circuit Judge. First. The affidavit hy the attorney to the hill is not within the purview of Section 603 of -Code. Second. The proof of publication fails to show who “ John* G. Price ” was, which was absolutely necessary. Saffold vs.. Saffold et al., *14 Ark., 408. Third. There .was no attorney, appointed by the court, to-defend for the appellant, as required by law. Code, sec. 603,, Sub. Div. First* Fourth.
Read the full summary
APPEAL PROM PRAIRIE CIRCUIT COURT. IIon. John Whytock, Circuit Judge. First. The affidavit hy the attorney to the hill is not within the purview of Section 603 of -Code. Second. The proof of publication fails to show who “ John* G. Price ” was, which was absolutely necessary. Saffold vs.. Saffold et al., *14 Ark., 408. Third. There .was no attorney, appointed by the court, to-defend for the appellant, as required by law. Code, sec. 603,, Sub. Div. First* Fourth. The court erred ’in decreeing a sale for cash. Code, Sec. 407. First. It is no valid objection to the hill, that it does not allege…
1Opinion of the CourtGregg, J.
The appellee sold the appellant certain lands in Prairie county, and received part payment and took a note for the remainder, and gave bond for title.
After tbe note fell due, be filed a bill to have bis vendor’s lien declared and tbe lands sold to pay tbe remainder of tbe purchase money.
The appellant made’default; a decree was rendered for.the .appellee, from which Welch appealed to this court, and he .assigns .as error that the bill was verified by the attorney’s .affidavit, and the publication of notice -by John G-. Price’s affidavit; that the court failed to appoint an attorney for the…
2Cited by4 opinions
- Almobarak v. McCoyCourt of Appeals of Arkansas · 2003
- Mason v. AtkinsSupreme Court of Arkansas · 1905
- O'Connor v. TownsendCourt of Appeals for the Eighth Circuit · 1937
- Stone v. ThackerCourt Of Appeals Of Indian Territory · 1901