Belt v. Robinson
Court of Appeals for the Eighth Circuit
In Error to the’ United States Court in the Indian Territory, This was an action by J. M. Robinson, doing business as J. M. Robinson & Co., against J. 0. Belt, in which an attachment against defendant's jjroperty was issued. C. M. King filed an interplea claiming property on which the attachment had been levied. A demurrer to the interplea was sustained, and judgment for plaintiff, as against the intervener, was rendered thereon.
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In Error to the’ United States Court in the Indian Territory, This was an action by J. M. Robinson, doing business as J. M. Robinson & Co., against J. 0. Belt, in which an attachment against defendant's jjroperty was issued. C. M. King filed an interplea claiming property on which the attachment had been levied. A demurrer to the interplea was sustained, and judgment for plaintiff, as against the intervener, was rendered thereon. The defendant and the intervener brought error. For report of a former decision, dismissing a writ of error sued out to review the ruling on demurrer befo re…
1Opinion of the Court
SANBORN, Circuit Judge.
December 30, 1891, the defendant, in error, J. II. Robinson, commenced an action against his debtor, J. O. Belt, and attached, as his, a stock of general merchandise at Eufaula, in the Indian Territory. Thereupon, pursuant to the practice which prevails in that territory (Mansf. Dig. Ark. §§ 356, 358: 26 Hta,t. 81, 91, c. 182, § 31), the plaintiff in error, C. M. King, filed an interplea, in which he set out a general assignment to him by Mr. Belt for the benefit of his creditors, dated December 29, 1891, and claimed to be the owner of the attached property as such…
2Cases cited2 opinions
- Flower v. CornishSupreme Court of Minnesota · 1879
- Rice v. FrayserUnited States Circuit Court · 1885
3Cited by3 opinions
- In re Salmon & SalmonDistrict Court, W.D. Missouri · 1906
- Robinson v. BeltCourt of Appeals for the Eighth Circuit · 1900
- Robinson v. BeltCourt Of Appeals Of Indian Territory · 1899