Whitman v. Hitt

Supreme Court of Arkansas

Whitman v. Hitt

87 S.W. 1032, 75 Ark. 461, 1905 Ark. LEXIS 619

DecidedMay 27, 1905

StatusPublished

This text of 87 S.W. 1032 (Whitman v. Hitt) 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

Whitman v. Hitt, 87 S.W. 1032, 75 Ark. 461, 1905 Ark. LEXIS 619 (Ark. 1905).

Pincite

Opinion

Battue, J.

This is an action brought by R. P. Hitt against C. T. Whitman upon a judgment recovered by plaintiff in the circuit court of Monroe. County, in the State of Mississippi, against Whitman-Zook Lumber Company. The plaintiff recovered judgment in this case against Whitman; and he appealed.

In the complaint or declaration in the action in which the judgment sued upon was recovered it was not shown or alleged who the Whitman-Zook Lumber Company is — whether a firm or corporation, and, if a firm, who compose it. In the summons issued in the case the sheriff was directed to summon the Whitman-Zook Lumber Company, and he returned it, saying he had executed it by reading it to C. T. Whitman, of the Whitman-Zook Lumber Company, and delivering him a copy thereof. Whitman answered, and denied that he was indebted to the plaintiff for the sum sued for. • Judgment was rendered against WhitmanZook Lumber Company, but it does not show that the lumber companv was a firm or corporation, and if a firm who composed it. The answer or plea of Whitman was not disposed of. Upon this judgment this action was based. The evidence fails to show that Hitt recovered a judgment in the Mississippi court against Whitman.

Reversed and remanded for a new trial.

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Battue, J.

This is an action brought by R. P. Hitt against C. T. Whitman upon a judgment recovered by plaintiff in the circuit court of Monroe. County, in the State of Mississippi, against Whitman-Zook Lumber Company. The plaintiff recovered judgment in this case against Whitman; and he appealed.

In the complaint or declaration in the action in which the judgment sued upon was recovered it was not shown or alleged who the Whitman-Zook Lumber Company is — whether a firm or corporation, and, if a firm, who compose it. In the summons issued in the case the sheriff was directed to summon the Whitman-Zook Lumber Company, and he returned it, saying he had executed it by reading it to C. T. Whitman, of the Whitman-Zook Lumber Company, and delivering him a copy thereof. Whitman answered, and denied that he was indebted to the plaintiff for the sum sued for. • Judgment was rendered against WhitmanZook Lumber Company, but it does not show that the lumber companv was a firm or corporation, and if a firm who composed it. The answer or plea of Whitman was not disposed of. Upon this judgment this action was based. The evidence fails to show that Hitt recovered a judgment in the Mississippi court against Whitman.

Reversed and remanded for a new trial.

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Bluebook (online)

87 S.W. 1032, 75 Ark. 461, 1905 Ark. LEXIS 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitman-v-hitt-ark-1905.