Visart v. Bush
Supreme Court of Arkansas
APPEAL from Arkansas Circuit Court. Hon. John A. Williams, Circuit Judge. The agreed statement of facts showed that Freeman & Johnson were retained by Bush to defend the suit, and they appeared and defended for him as his attorneys, and not as attorneys ad litem. The answer was an entering of the appearance of Bush by authority, and no bond was required before the sale. 40 Ark., 130. The evidence was clearly admissible.
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APPEAL from Arkansas Circuit Court. Hon. John A. Williams, Circuit Judge. The agreed statement of facts showed that Freeman & Johnson were retained by Bush to defend the suit, and they appeared and defended for him as his attorneys, and not as attorneys ad litem. The answer was an entering of the appearance of Bush by authority, and no bond was required before the sale. 40 Ark., 130. The evidence was clearly admissible. First — No bond was given as required by sec. 5190, Mansfield’s Digest, and no exception is made by sec. 4I86, ib. Second — The testimony aliunde was not admissible to…
1Opinion of the CourtCockrill, C. J.
This is a continuation of the case reported in 40 Ark., 124. As will be seen1 from the statement of the case then made, it is an action of ejectment,' the plaintiff’s title being based upon a purchase made in pursuance of a sale of the land in controversy in an attachment proceeding instituted before a justice of the peace. The attachment was sued out against Bush, as a non-resident, upon constructive service only. The justice’s record recited that Freeman & Johnson were appointed attorneys ad litem for the defendant, and that they accepted the appointment; it afterwards recites that they…
2Cases cited2 opinions
- Daggett v. RankinCalifornia Supreme Court · 1866
- Easton v. BrattonTexas Supreme Court · 1854
3Cited by4 opinions
- Nelson v. FreemanSupreme Court of Arkansas · 1918
- Prout v. StateSupreme Court of Arkansas · 1974
- Reeves v. StateSupreme Court of Arkansas · 1975
- Reeves v. StateSupreme Court of Arkansas · 1975