diligent inquiry (Arkansas) · Go Syfert
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diligent inquiry in Arkansas

8 Arkansas opinions name it 2 courts 1915–2017 0 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Davis v. Schimmelgreen
ark · 1972 · cited in 1 Arkansas opinions naming this issue, 2015–2015
2 sentences

2015Smith v. Edwards, 279 Ark. 79 , 648 S.W.2d 482 (1983); see also Davis v. Schimmel, 252 Ark. 1201 , 482 S.W.2d 785 (1972); Roswell v. Driver, 268 Ark. 819 , 596 S.W.2d 352 (Ark.

2015Smith v. Edwards, 279 Ark. 79 , 648 S.W.2d 482 (1983); see also Davis v. Schimmel, 252 Ark. 1201 , 482 S.W.2d 785 (1972); Roswell v. Driver, 268 Ark. 819 , 596 S.W.2d 352 (Ark.

11
Phillips v. Commonwealth Savings & Loan Ass'ngreen
ark · 1992 · cited in 1 Arkansas opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Phillips v. Commonwealth Sav. & Loan Ass’n, 308 Ark. 654 , 826 S.W.2d 278 (1992).

2011See, e.g., Phillips v. Commonwealth Sav. & Loan Ass’n, 308 Ark. 654 , 826 S.W.2d 278 (1992).

11
Faulkner v. Kirkesgreen
okla · 1954 · cited in 1 Arkansas opinions naming this issue, 1972–1972
2 sentences

1972See Faulkner v. Kirkes, 276 P. 2d 264 , 47 A.L.R. 2d 418 (Okla. 1954).

1972See Faulkner v. Kirkes, 276 P. 2d 264 , 47 A.L.R. 2d 418 (Okla. 1954).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Smith v. Edwards green
ark · 1983
2 sentences

2017Id. at 83 , 648 S.W.2d at 484 .

2017Id. at 83 , 648 S.W.2d at 484 .

22015–2017
Billings v. U.S. Bank National Ass'n green
arkctapp · 2016
2 sentences

2017App. 134 , 484 S.W.3d 715 , we stated that the diligent-inquiry requirement must be fulfilled before a warning order issues, and facts supporting the assertion that a diligent inquiry took place must be shown in the affidavit.

2017Id. at 1-2, 484 S.W.3d at 716 .

22017–2017
XTO Energy, Inc. v. Thacker green
arkctapp · 2015
2 sentences

2017XTO Energy, Inc. v. Thacker, 2015 Ark.

2016App. 203, at 9-10 , 467 S.W.3d 161 , our court made it very clear that reciting the words “diligent inquiry” in an affidavit for a warning order is insufficient to show that a diligent inquiry actually occurred: Simply stated, the affidavit for warning order in the 1984 case was insufficient because it was conclusory, containing no indication of what steps were taken as part of the required “diligent inquiry” as to the whereabouts of N.H.

22016–2017
Young v. Welch green
arkctapp · 2016
1 sentence

2016Service by warning order is governed by Arkansas Rule of Civil Procedure 4(f)(1). 4 Cite as 2016 Ark.

12016–2016
Roswell v. Driver neutral
arkctapp · 1980
2 sentences

2015Smith v. Edwards, 279 Ark. 79 , 648 S.W.2d 482 (1983); see also Davis v. Schimmel, 252 Ark. 1201 , 482 S.W.2d 785 (1972); Roswell v. Driver, 268 Ark. 819 , 596 S.W.2d 352 (Ark.

2015Smith v. Edwards, 279 Ark. 79 , 648 S.W.2d 482 (1983); see also Davis v. Schimmel, 252 Ark. 1201 , 482 S.W.2d 785 (1972); Roswell v. Driver, 268 Ark. 819 , 596 S.W.2d 352 (Ark.

12015–2015
McLouth v. Hurt neutral
tex · 1879
1 sentence

1915McLouth v. Hurt, 51 Tex. 115 .” A very similar question was under consideration 'by the Supreme Court of Mississippi in the case of Simmons v. Hutchinson, 33 So. 21 , in -which case that court said: “Constructive notice arising from the record of a muniment of title is imputed to purchasers and creditors from a mere presumption of law, and it imputes only such knowledge -as the instrument there recorded discloses, and not what a diligent inquiry into its meaning might disclose.

11915–1915

Where else courts name it

IL 90 (1895–2026) TX 21 (1936–2025) NY 19 (1908–2025) NJ 15 (1979–2025) MS 12 (1924–2025) ME 11 (1980–2021) CA 9 (1945–2021) AR 8 (1915–2017) CO 8 (1908–2017) VA 7 (1993–2022) KS 5 (1899–2013) MA 5 (2010–2025) FL 5 (1999–2019) MI 4 (1975–2023) WY 4 (1974–2024) AL 4 (1884–2014) PA 3 (1936–2019) TN 3 (1996–2006) WA 3 (1943–2026) DE 3 (2017–2023) MD 2 (1981–1993) OH 2 (2020–2025) OR 2 (1980–1983)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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