Waggoner v. Fogleman

Decided April 26, 1890

Supreme Court of Arkansas · decided 1890-04-26

J. E. Riddick, Judge. The affidavit for the warning order was upon belief only, when it should have been upon the knowledge of the affiant. Mansf. Dig., secs. 4989, 5°S5) e<;c- The judgment was void. 25 Ark., 541; Mansf. Dig,, sec. 5201; 30 Ark., 718.

Good law ✅— No negative treatment on recordhow we know

Decided 1890-04-26

How this case has been cited

Cited by 8 later decisions — most recently January 2016

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1An 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.

¶2The 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.

¶3Reverse.