Parker v. Independence Produce Co.
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern district. W. M. Springer, Judge. Action by the Independence Produce Company against E. A. Parker. Judgment for plaintiff. Defendant appeals. This case was tried to the court on an agreed statement of facts, which are as follows: That the B. P. Coombs Commission Company, on the 15th day of September, 1898, recovered in the mayor’s court of the incorporated town of Nowata, Ind.
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Appeal from the United States Court for the Northern district. W. M. Springer, Judge. Action by the Independence Produce Company against E. A. Parker. Judgment for plaintiff. Defendant appeals. This case was tried to the court on an agreed statement of facts, which are as follows: That the B. P. Coombs Commission Company, on the 15th day of September, 1898, recovered in the mayor’s court of the incorporated town of Nowata, Ind. T., a judgment against W. J. Davis, a merchant in the town of Nowata, Ind. T., for the sum of $41.63, and costs, amounting to $20, and execution issued thereon on the…
1DissentThomas, J.
(Dissenting.) I cannot concur in the opinion of the court in this case. The opinion of Chief Justice Springer at nisi prius fully states the case and the issues, and is adopted by me as my view of the law:
“The question for the court to determine in this case is as to whether, under the facts conceded, the defendant in execution, after having made his schedule of the property in question, and the property claimed by him as exempt from execution set apart to him, was required, when the alias execution issued against him on the same judgment, to again make out his schedule, claiming the same…
2Cases cited4 opinions
- Euper v. Alkire & Co.Supreme Court of Arkansas · 1881
- Weller v. MooreSupreme Court of Arkansas · 1887
- Birdsong v. TuttleSupreme Court of Arkansas · 1889
- St. L., I. M. & S. Railway Co. v. HartSupreme Court of Arkansas · 1881