Waggoner v. Fogleman
Cases that cite this one
9 later published cases cite this decision.
- Desoto Gathering Co. v. Ramsey (Ark. 2016)
- Jackson v. Jackson (Ark. Ct. App. 2003)
- Morgan v. Century 21 Perry Real Estate (Ark. Ct. App. 2002)
- Prairie Implement Co. v. Circuit Court of Prairie County (Ark. 1992)
- Davis v. Schimmel (Ark. 1972)
- Chapman & Dewey Lumber Co. v. Means (Ark. 1935)
- Fidelity Mutual Life Insurance v. Price (Ark. 1929)
- Order of Railway Conductors of America v. Bandy (Ark. 1928)
- Beal-Doyle Dry Goods Co. v. Odd Fellows Building Co. (Ark. 1913)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.