Legal Opinion

Moore v. Price

Supreme Court of Arkansas

Decided November 27, 1911PublishedCited by 10 opinions

Appeal from Crittenden Chancery Court; Edward D. Robertson, Chancellor; 1. A judgment or decree rendered against one who has not been properly served with process, and who has not entered an appearance, is void. 95 U. S. 714. To hold, as the trial court did in this case, that the casual street. communication in Memphis, a foreign jurisdiction, wherein, it is alleged, one Southall told appellant of the pend-ency of the suit, was sufficient notice to give the court…

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Appeal from Crittenden Chancery Court; Edward D. Robertson, Chancellor; 1. A judgment or decree rendered against one who has not been properly served with process, and who has not entered an appearance, is void. 95 U. S. 714. To hold, as the trial court did in this case, that the casual street. communication in Memphis, a foreign jurisdiction, wherein, it is alleged, one Southall told appellant of the pend-ency of the suit, was sufficient notice to give the court jurisdiction of the person, and to render a personal judgment against appellant, would be to give to that character of notice…

1Opinion of the CourtMcCulloch, C. J.

This is an appeal from a decree of the chancery court of Crittenden County, Arkansas, rendered at the February term, 1911, refusing to set aside a decree of said court rendered against appellant at a former term in favor of appellee. In June, 1906, appellees instituted the original action against appellant and one John Roily, alleging, in substance, that a copartnership existed between appellees and Roily under the firm name of Edmonson Investment Company, engaged in the operation of a saw mill at Edmonson, Crittenden County, Arkansas; that said copartnership owned a saw mill, which was…

2Cases cited1 opinion

  1. State v. HillSupreme Court of Arkansas · 1887

3Cited by10 opinions

  1. First National Bank v. DalsheimerSupreme Court of Arkansas · 1923
  2. O'Neal v. B. F. Goodrich Rubber CompanySupreme Court of Arkansas · 1942
  3. Wright v. FordSupreme Court of Arkansas · 1949
  4. Blanton Co. v. First Nat'l Bank of Marked TreeSupreme Court of Arkansas · 1928
  5. Fore v. ChenaultSupreme Court of Arkansas · 1925

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