Childress v. Fowler
Supreme Court of Arkansas
Appeal from. Independence Circuit Court. This was an action of debt, by attachment, brought by West J. Fowler against Patrick H. Childress, upon a promissory note, and determined in the Independence circuit court, at the May term, 1847, before the Hon. Wm. C. Scott, judge.
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Appeal from. Independence Circuit Court. This was an action of debt, by attachment, brought by West J. Fowler against Patrick H. Childress, upon a promissory note, and determined in the Independence circuit court, at the May term, 1847, before the Hon. Wm. C. Scott, judge. The plaintiff filed his declaration, affidavit and bond, and sued out an attachment against the defendant, which the sheriff levied upon a slave, and the defendant executed to tbe sheriff the bond required by statute, and retained possession of the negro. . ' At the return term, the defendant appeared and filed four pleas…
1Opinion of the CourtScott-, J.
The only question presented by the record is, whether or not the court below erred in striking out the several pleas in abatement filed by the defendant below, after the execution of his bond under the provisions of the 13th section of the Statute of Attachments, and the consequent release of the property attached. And as the record presents no other apparent reason for the action of the court below, on the plaintiff’s motion to strike out these pleas in abatement, than the apparently supposed legal effect of the execution oí this bond upon the defendant’s right to file dilatory pleas, we…
2Cases cited2 opinions
- Gibson v. GibsonMassachusetts Supreme Judicial Court · 1818
- Delano v. KennedySupreme Court of Arkansas · 1844