Rutherford v. Moody

• Decision Date: 23 June 1894
• Citation: 27 S.W. 230
• Parties: RUTHERFORD v. MOODY.
• Court: Arkansas Supreme Court

27 S.W. 230

RUTHERFORD v.MOODY.

Supreme Court of Arkansas.

June 23, 1894.

Appeal from circuit court, Sebastian county; Edgar E. Bryant, Judge.

Action by S. M. Rutherford against J. M. Moody.From a decree of the court quashing the service of a summons on defendant by plaintiff's attorney, plaintiff appeals.Affirmed.

Jo.Johnson, for appellant.

HUGHES, J.

The appellant sued the appellee before a justice of the peace, and the summons issued by the justice was served by the appellant's attorney.Moody moved to quash the service upon him, because made by appellant's attorney.The motion was sustained, and thereupon the cause was dismissed as to Moody, who then tendered to the appellant the amount of his debt, which appellant refused to receive, which Moody thereupon paid into court.The appellant appealed to circuit court, where appellee renewed the motion to quash, which was sustained, and he appealed to this court.

The service of process in a suit should be made by an indifferent person, and not by a party or one interested in the suit, as attorney or otherwise.Weeks, Attys.;Ingraham v. Leland, 19 Vt. 304;White v. Haffaker, 27...