Glaser v. First National Bank
Supreme Court of Arkansas
Appeal frotn Sebastian Circuit Court, Fort Smith District, Fdgar F. Bryant, Judge. The First National Bank of Fort Smith sued the firm of C. Tilles & Co., and caused their property to be attached. Glaser Brothers, and other creditors of C. Tilles & Co., subsequently brought suits against the latter, and caused attachments to be sued out and levied on the same property.
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Appeal frotn Sebastian Circuit Court, Fort Smith District, Fdgar F. Bryant, Judge. The First National Bank of Fort Smith sued the firm of C. Tilles & Co., and caused their property to be attached. Glaser Brothers, and other creditors of C. Tilles & Co., subsequently brought suits against the latter, and caused attachments to be sued out and levied on the same property. Thereupon they intervened in the first-named suit, seeking to invalidate the bank’s prior attachment upon grounds set out in the opinion. Judgment below was against the interveners, and they have appealed. The facts…
1Opinion of the CourtBattle, J.
When two creditors have sued out orders of attachment against a debtor, and caused them ievje¿ 0n the same property, has the junior the right to file a complaint in the action instituted by the senior, thereby claiming the first lien, and to have the first attachment set aside by showing that it was known at- the commencement thereof by both parties to the same to be without legal grounds, that it was based on an affidavit known to be false by both parties to the action in which it was filed, that it was made for the purpose of obtaining a preference over creditors, and that it was permitted…
2Cases cited13 opinions
- Sannoner v. Jacobson & Co.Supreme Court of Arkansas · 1885
- Dougherty's EstateSupreme Court of Pennsylvania · 1844
- McAlpine v. SweetserIndiana Supreme Court · 1881
- Sidensparker v. SidensparkerSupreme Judicial Court of Maine · 1864
- Ayres v. HustedSupreme Court of Connecticut · 1843
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3Cited by4 opinions
- Nash v. S. M. Braman Co.Supreme Court of Minnesota · 1941
- Davis v. H. B. Claflin Co.Supreme Court of Arkansas · 1896
- Davis v. H. B. Claflin Co.Supreme Court of Arkansas · 1896
- Davis v. H. B. Claflin Co.Supreme Court of Arkansas · 1896