Southern Building & Loan Ass'n v. Hallum
Supreme Court of Arkansas
Appeal from Miller Circuit Court. Rufus D. Hearn, Judge. 1. The cause of action was transitory, and could only be brought in the county where the defendant resided or was summoned. Mansf.
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Appeal from Miller Circuit Court. Rufus D. Hearn, Judge. 1. The cause of action was transitory, and could only be brought in the county where the defendant resided or was summoned. Mansf. Dig. sec. 5007; Newman, PI. & Pr. p. 39; 44 Ark. 229. The court had no jurisdiction, and the judgment was void. 2. The special appearance of defendant for the purpose of filing a motion to set aside the judgment for want of jurisdiction was not an appearance to the action or a waiver of service. 39 Ark. 347. 1. The summons was issued under act of April 14, 1887, p. 234, and Mansf. Dig. secs. 4978-4981. 2. A…
1Opinion of the CourtBattle, J.
This action was brought in the circuit court of Miller county, in this State. The style of it, as it appears in the complaint, is as follows: “John Hallum, plaintiff, vs. The Southern Building & Doan Association, of Knoxville, Tenn., and S. M. Johnson, defendants.” The summons in it commanded the sheriff of Monroe county to “summon W. T. Tucker, State agent of the Southern Building & Doan Association, to answer on the first day of the next November term of the Miller circuit court, which will be the 28th day of November, 1892, a complaint filed against the Southern Building & Doan Association…
2Cases cited9 opinions
- Alexandria v. FairfaxSupreme Court of the United States · 1878
- Baskins v. WyldsSupreme Court of Arkansas · 1882
- Dickerson v. Burlington & Missouri River RailroadSupreme Court of Kansas · 1890
- Gilbreath v. KuykendallSupreme Court of Arkansas · 1838
- Chicago Planing Mill Co. v. Merchants' National BankIllinois Supreme Court · 1877
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3Cited by19 opinions
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- Certain-Teed Products Corporation v. WallingerCourt of Appeals for the Fourth Circuit · 1937
- Shorter University v. FranklinSupreme Court of Arkansas · 1905
- Henrietta Mining & Milling Co. v. JohnsonSupreme Court of the United States · 1899
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