St. Louis, Iron Mountain & Southern Railway Co. v. McDermitt
Supreme Court of Arkansas
Appeal from Baxter Circuit Court; John W. Meeks, Judge; 1. The judgment iwas void for want of service of summons or appearance by him; also because there was no guardian ad litem for the minor. Kirby’s Digest, § 6023-4; 40 Ark. 56. There must be a valid judgment on which to base garnishment. 32 Ark. 423; 70 Ark. 127; Drake on Att., 460, 711. A void judgment is no judgment. Freeman on Judgm. (3d Ed.), §117; 1 Black on Judgm., § 70. A judgment without notice is void.
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Appeal from Baxter Circuit Court; John W. Meeks, Judge; 1. The judgment iwas void for want of service of summons or appearance by him; also because there was no guardian ad litem for the minor. Kirby’s Digest, § 6023-4; 40 Ark. 56. There must be a valid judgment on which to base garnishment. 32 Ark. 423; 70 Ark. 127; Drake on Att., 460, 711. A void judgment is no judgment. Freeman on Judgm. (3d Ed.), §117; 1 Black on Judgm., § 70. A judgment without notice is void. Kirby’s Digest, § 4424; 58 Ark. 181, 187; 43 Ark. 230; 52 Ark. 373. Garnishment proceedings are purely statutory, and the statute…
1Opinion of the CourtBattue, J.
This is an appeal from the order of the Baxter Circuit Court refusing to grant appellant a writ of certiorari compelling the mayor of the incorporated town of Cotter to send up the record in the case of Theressa McDermitt, plaintiff, v. J. L. Jones, defendant, St. Louis, Iron Mountain & Southern Railway Company, garnishee. The petition for certiorari was as follows:
“Comes the garnishee in the above cause and shows to the court, that on the 8th day of April, 1908, C. T. Cannady, as mayor of the incorporated town of Cotter, Baxter County, Arkansas, entered a judgment by default against the…
2Cases cited1 opinion
- Norman v. PooleSupreme Court of Arkansas · 1902
3Cited by4 opinions
- Miller, Trustee v. Maryland Casualty Co.Supreme Court of Arkansas · 1944
- Bank of Eudora v. RossSupreme Court of Arkansas · 1925
- New York Life Insurance Co. v. CherrySupreme Court of Arkansas · 1932
- Samuelson v. Patterson & Co.Supreme Court of Arkansas · 1921