Knights of Honor of World v. Epps
Supreme Court of Arkansas
Appeal from Drew Circuit Court; Turner Butler, Judge; STATEMENT BY THE COURT. This appeal comes from a judgment denying a motion to vacate a judgment of the circuit court against the Knights of Honor of the World Lodge, alleged to be void as having been rendered without notice, and to dismiss a writ of garnishment issued thereon.
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Appeal from Drew Circuit Court; Turner Butler, Judge; STATEMENT BY THE COURT. This appeal comes from a judgment denying a motion to vacate a judgment of the circuit court against the Knights of Honor of the World Lodge, alleged to be void as having been rendered without notice, and to dismiss a writ of garnishment issued thereon. It is alleged “that said judgment is void and of no effect for the reason that no notice of the pendency of said suit, either actual or constructive, was had by defendant; that defendant was unaware that judgment had been obtained or suit filed against it; that the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Section 4378 of Kirby’s Digest relating to the service of process in suits upon policies or certificates of insurance against fraternal orders and societies, such as Knights of Honor, etc., provides, “Service of process on the chief officer, or in case of his absence, the secretary of the subordinate lodge or society through which the policy, was issued or obtained, or on the chief officer, or in case of his absence, on the secretary of any subordinate lodge in this State, of such fraternal society, shall be a good and valid service on such lodge, society…
2Cases cited2 opinions
- Arkansas Coal, Gas, Fire-Clay & Manufacturing Co. v. HaleySupreme Court of Arkansas · 1896
- Arkansas Construction Co. v. MullinsSupreme Court of Arkansas · 1901
3Cited by4 opinions
- Raymond v. YoungSupreme Court of Arkansas · 1947
- Cook v. American Cyanamid Co.Supreme Court of Arkansas · 1957
- Southern Furniture Company v. Morgan.Supreme Court of Arkansas · 1948
- First National Bank v. H & M Lumber Co.Supreme Court of Arkansas · 1972