Giles v. Hicks
Supreme Court of Arkansas
APPEAL from Hempstead Circuit Court. Hon. J. K. Young, Circuit Judge. The amount was within the jurisdiction of the justice, and he had jurisdiction of the person of the garnishee, because he was served according to law. Sec. 343, Mansf. Dig. It was argued in the court below that judgment of the justice, failing to show affirmatively that testimony was taken before rendering it, was void upon its face and quashable on certiorari.
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APPEAL from Hempstead Circuit Court. Hon. J. K. Young, Circuit Judge. The amount was within the jurisdiction of the justice, and he had jurisdiction of the person of the garnishee, because he was served according to law. Sec. 343, Mansf. Dig. It was argued in the court below that judgment of the justice, failing to show affirmatively that testimony was taken before rendering it, was void upon its face and quashable on certiorari. Such an argument is erroneous. 33 Ark., gp; 17 Ark., 380; lb., ‡‡0. 1. There was no constructive notice to the defendant in the attachment; and, the pretended actual…
1Opinion of the CourtSmith, J.
Giles, in the year 1881, sued one Christian, before a justice of the peace, upon an open account for $10 and three notes for $59.18 each. He also swore out an attachment upon the grounds that Christian had left the state with intent to defraud his creditors, and was about to dispose of his property with like intent.' The attachment was laid upon a lot of goods, subject to six prior áttachments ; and process was served by leaving a copy of the summons “ at the usual place of abode of the defendant, with Mrs. Christian, a member of his family over the age of fifteen years.”
The plaintiff also…
2Cases cited1 opinion
- Griswold v. PophamCourt of Appeals of Kentucky · 1864
3Cited by10 opinions
- Allen v. StracenerSupreme Court of Arkansas · 1949
- Norman v. PooleSupreme Court of Arkansas · 1902
- American National Bank v. DouglasSupreme Court of Arkansas · 1916
- Meyer v. JohnsonSupreme Court of Arkansas · 1894
- Primus Automotive Financial Services, Inc. v. WilburnSupreme Court of Arkansas · 2013
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