Atkinson & Co. v. Pittman
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. Hon. John A. Williams, Judge. Whether the appellants are entitled to set off their judgment against appellee against his judgment against them, depends upon the construction of Sections 5173-74, Mansf. Dig.; and sec. 2, art. 9, Const. 1874. This was allowed in 3 Minn., 419, and 21 Barb., 424-37. It is argued that this would be in effect to deprive appellee of his constitutional exemptions. But this is not so.
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APPEAL from Jefferson Circuit Court. Hon. John A. Williams, Judge. Whether the appellants are entitled to set off their judgment against appellee against his judgment against them, depends upon the construction of Sections 5173-74, Mansf. Dig.; and sec. 2, art. 9, Const. 1874. This was allowed in 3 Minn., 419, and 21 Barb., 424-37. It is argued that this would be in effect to deprive appellee of his constitutional exemptions. But this is not so. The constitution only protects the debtor’s property from “seizure on attachment, or sale on execution or other process.” The motion to set off is…
1Opinion of the Court
Battle J.
The appellee, John E. Pittman, recovered a judgment in the Jefferson circuit court against appellants, R. G. Atkinson & Co., for $379.63. Frank Tomlinson recovered a judgment in the same court against Pittman for the sum of $548.40. After Pittman recovered judgment against them, R. G. Atkinson & Co. purchased the judgment recovered by Tomlinson, and filed a motion in the Jefferson circuit court to set off one judgment against the other. Pittman responded to the motion, saying that appellants had purchased the judgment against him subsequent to the rendition of his judgment against…
2Cases cited2 opinions
- Curlee v. . ThomasSupreme Court of North Carolina · 1876
- Collett v. JonesCourt of Appeals of Kentucky · 1847
3Cited by7 opinions
- Hill v. First National BankSupreme Court of Florida · 1920
- Draffin v. SmithSupreme Court of Arkansas · 1896
- Allen v. MurphyCourt of Appeals of Arkansas · 2010
- Caldwell v. RyanSupreme Court of Missouri · 1908
- Daugherty v. Central Trust Co.Ohio Supreme Court · 1986
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