Markle v. Hart
Supreme Court of Arkansas
Appeal from Craighead Chancery Court, Western District; Chas. D. Frierson, Chancellor; 1. This is a collateral attack. 72 Ark. 101; 113 Ark. 449; 89 Kans. 751; 133 S. W. 470, 67 S. E. 569; 152 N. C. 748; 25 Fla. 730; 6 So. 77; 61 Neb. 339; 165 (Mo.) S. W. 1050. 2. None of the objections that no affidavit for warning order was filed; that no warning order was indorsed on the complaint and that no attorney ad litem was appointed are available on collateral attack. 1 Black on…
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Appeal from Craighead Chancery Court, Western District; Chas. D. Frierson, Chancellor; 1. This is a collateral attack. 72 Ark. 101; 113 Ark. 449; 89 Kans. 751; 133 S. W. 470, 67 S. E. 569; 152 N. C. 748; 25 Fla. 730; 6 So. 77; 61 Neb. 339; 165 (Mo.) S. W. 1050. 2. None of the objections that no affidavit for warning order was filed; that no warning order was indorsed on the complaint and that no attorney ad litem was appointed are available on collateral attack. 1 Black on Judgments (2 Ed.), § 281; 77 U. S. (10 Wall.) 308; 84 Tex. 562; 55 S. W. 411; 143 Ind. 467; 16 Wash. 491; 152 S. W. 936;…
1Opinion of the Court
Smith, J.(1) In this cause it was alleged that by Act 457 of the Special Acts of 1911, p. 1245, the General Assembly created the Cache River Drainage District; but that, at the following session of the General Assembly, this Act had been repealed by Act 119 of the Acts of 1913, p. 512. That the repealing Act made provision for ascertaining the indebtedness which had been incurred by the district, and for its payment, and that pursuant to these provisions an indebtedness had been found due Alex Berger, as treasurer of this district, and this indebtedness was declared a lien upon the lands of…
2Cases cited4 opinions
- Board of Directors v. DunbarSupreme Court of Arkansas · 1913
- Thibault v. McHaneySupreme Court of Arkansas · 1915
- Morgan Engineering Co. v. Cache River Drainage DistrictSupreme Court of Arkansas · 1916
- Fellows v. McHaneySupreme Court of Arkansas · 1914