Waggoner v. Fogleman

Supreme Court of Arkansas
Waggoner v. Fogleman, 53 Ark. 181 (Ark. 1890)
13 S.W. 729; 1890 Ark. LEXIS 61

Waggoner v. Fogleman

Opinion of the Court

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.

Reference

Cited By
10 cases
Status
Published