McMeekin v. State
Supreme Court of Arkansas
Writ of Error to Pulaski Circuit Court. On the 24th of December, 1847, the plaintiffs in error sued out of the Pulaski Circuit Court a writ of garnishment against the State of Arkansas, in substance as follows : “ The State of Arkansas, &c.: [usual caption and address/) Whereas, John McMeekin, D. S. Slaughter, and Thomas W. Hynes, as administrators, with the will annexed, of William R. Hynes, deceased, obtained a judgment in the Pulaski Circuit Court, on the 30th day of…
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Writ of Error to Pulaski Circuit Court. On the 24th of December, 1847, the plaintiffs in error sued out of the Pulaski Circuit Court a writ of garnishment against the State of Arkansas, in substance as follows : “ The State of Arkansas, &c.: [usual caption and address/) Whereas, John McMeekin, D. S. Slaughter, and Thomas W. Hynes, as administrators, with the will annexed, of William R. Hynes, deceased, obtained a judgment in the Pulaski Circuit Court, on the 30th day of November, A. D., 1842, in an action of debt against William Conway B., for the sum of three hundred and twenty-four dollars…
1Opinion of the CourtScott, J.
It is insisted that, inasmuch as the demurrer, interposed by the State in this case, in its terms, is -to the writ, so much of the record as presents the allegations and interrogatories is excluded from the view of the court. We entertain a different opinion. The demurrer looks through the entire record, and presents it all for examination and judgment. In this proceeding, as in the proceeding by scire facias, the writ of garnishment having the double nature of a writ and of a declaration, (it being the office of the allegations and interrogatories to amplify and complete it in its latter…
2Cases cited8 opinions
- Brooks v. CookMassachusetts Supreme Judicial Court · 1811
- Chealy v. BrewerMassachusetts Supreme Judicial Court · 1811
- Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1827
- Winchell v. AllenSupreme Court of Connecticut · 1815
- Thorn & Robins v. WoodruffSupreme Court of Arkansas · 1843
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