Cole v. First Nat. Bank of Ft. Smith

1 Citing case

  1. Adams v. Nationsbank

    49 S.W.3d 164 (Ark. Ct. App. 2001)   Cited 6 times

    No one disputes that the record in this case contains none of the evidence required by the rule. Statutory service requirements, being in derogation of common law rights, must be strictly construed and compliance with them must be exact. Cole v. First Nat'l bank of Ft. Smith, 304 Ark. 26, 800 S.W.2d 412 (1990) (citing Wilburn v. Keenan Cos., 298 Ark. 461, 768 S.W.2d 531 (1989)). As the Arkansas Supreme Court emphasized in Meeks, this strict compliance is necessary to satisfy due process requirements. "It has long been established that when no sufficient service has been had, the court does not acquire jurisdiction of the person of the defendant."