¶1As to Joel D. Parks, the sheriff’s return failing to show that the white person over fifteen years of age, with whom the copy of summons was left, at his usual place of abode, was “of the family” of this defendant, the judgment by default, in this case, cannot be supported. The provisions of the statute, for this constructive service of process, must be strictly pursued, as has been repeatedly held by this court. 3 Ark. 505. 4 Ark. 428. 5 Ark. 154. Ib. 664. 1 Eng. 380, 552. 2 Eng. 44. The judgment must be reversed, and the cause remanded to be proceeded in as if all the defendants had been regularly served with process, as held in Gilbreath vs. Kuykendall, 1 Ark. 50, and numerous other cases in this court.
4 Ark. 439
Parks v. Weems
Decided January 15, 1849
Supreme Court of Arkansas · decided 1849-01-15
Writ of Error to Washington Circuit Court. Debt, on a writing obligatory, brought by James Weems, against Aaron Parks and Joel D. Parks, partners under the style of A. & J. D. Parks, and Robert Parks, determined in the Washing Circuit Court, in November, 1848, before Sneed, judge.
Relies on Gilbreath v. Kuykendall · Dawson v. State Bank · Calvert v. Lowell
Decided 1849-01-15