Calhoun v. Adams
Supreme Court of Arkansas
APPEAL from Chicot Circuit Court, lion. J. M. Bradley Circuit Judge. The assignment of the judgment did not confer upon Adams the right to sue in his own name.
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APPEAL from Chicot Circuit Court, lion. J. M. Bradley Circuit Judge. The assignment of the judgment did not confer upon Adams the right to sue in his own name. Judgments are not included in our statute of assignments, and in regard to their assignable qualities they are mere choses in action., 11 Ark., 744, 748; 23 Ark., 171. While Adams had an equitable interest or claim to the judgment and the right to use the names of the firm, or possibly to sue in equity in his own name, still, when he seeks a remedy he must conform to the practice, whether it be by suit at law or in equity. 35 Ark.,…
1Opinion of the CourtSmith, J.
In 1872 the firm of Adams, Cockburn and Picton recovered a judgment in the Chicot Circuit Court against John C. Calhoun for $6,444.62. In 1882 Adams, one of the plaintiff firm, filed his petition in the same Court, suggesting that said judgment, which was alleged to be wholly unsatisfied, had been assigned to him and praying for a revivor to the end that he might have execution thereof. A scire facias was issued, which correctly described the judgment, recited the averments of the petition and required the defendant to show cause against the revivor. The defendant appeared and demurred to the…
2Cases cited1 opinion
- Austin's Ex'ors v. Reynolds' Adm'rTexas Supreme Court · 1855
3Cited by3 opinions
- Noyes v. FrenchSupreme Court of Oklahoma · 1908
- Towns v. TaylorSupreme Court of Arkansas · 1947
- Cabler v. AndersonSupreme Court of Arkansas · 1929