Waggoner v. Fogleman

Supreme Court of Arkansas

Waggoner v. Fogleman

13 S.W. 729, 53 Ark. 181, 1890 Ark. LEXIS 61

CourtSupreme Court of Arkansas

DecidedApril 26, 1890

StatusPublished

Cited by10 cases

This text of 13 S.W. 729 (Waggoner v. Fogleman) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Waggoner v. Fogleman, 13 S.W. 729, 53 Ark. 181, 1890 Ark. LEXIS 61 (Ark. 1890).

Pincite

Opinion

Per Curiam.

An affidavit for a warning order upon the ground of non-residence, like an affidavit for attachment, must state the fact of the defendant’s non-residence, and not the belief of the fact only. Hollman v. Fowler, 24 Ark., 235. An order published on such affidavit may be avoided on appeal. Sannoner v. Jacobson, 47 Ark., 44-5.

The affidavit in this case was made upon belief only. The judgment will therefore be reversed. The appellant having entered her appearance by the appeal is now in court, and no urther service is required.

Reverse.

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Per Curiam.

An affidavit for a warning order upon the ground of non-residence, like an affidavit for attachment, must state the fact of the defendant’s non-residence, and not the belief of the fact only. Hollman v. Fowler, 24 Ark., 235. An order published on such affidavit may be avoided on appeal. Sannoner v. Jacobson, 47 Ark., 44-5.

The affidavit in this case was made upon belief only. The judgment will therefore be reversed. The appellant having entered her appearance by the appeal is now in court, and no urther service is required.

Reverse.

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Bluebook (online)

13 S.W. 729, 53 Ark. 181, 1890 Ark. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waggoner-v-fogleman-ark-1890.

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