Allen v. Stracener

Appellant sued for damages for personal injuries resulting from gunshot wounds inflicted by appellee. Upon the filing of his complaint he obtained a writ of garnishment against a Morrilton bank. This appeal is from the circuit court’s order dissolving the writ. The question presented' is one of first impression: Is a writ of garnishment obtainable as a matter of course before judgment in a tort action against a resident of this State?

Appellant relies principally upon Ark. Stats. (1947), § 31-501, reading in part: “In all cases where any plaintiff may begin an action in any court of record . .…