Fortenheim v. Claflin, Allen & Co.
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. R. B. Rutherford, Circuit Judge. We submit that the ruling of the lower court was wrong, for the following reasons: 1. Because there was no relevant testimony before the court going to sustain the interplea. The affidavit they introduced was directly against them. And the testimony of the deputy clerk, if competent, was worthless, it being a mere opinion as to matters that could not be proved^ by opinion..
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APPEAL from Sebastian Circuit Court. Hon. R. B. Rutherford, Circuit Judge. We submit that the ruling of the lower court was wrong, for the following reasons: 1. Because there was no relevant testimony before the court going to sustain the interplea. The affidavit they introduced was directly against them. And the testimony of the deputy clerk, if competent, was worthless, it being a mere opinion as to matters that could not be proved^ by opinion.. On. their own testimony, the decision should have been against them. There was not even a scintilla of what could be regarded testimony, to sustain…
1Opinion of the Court
Cockrill C. J.
Both parties to this appeal sued out an attachment against the same debtor, and caused them to be levied upon the same property.' Judgment was rendered in appellants’ favor and their attachment sustained. • On the same day, whether before or after judgment does not' appear, the appellees, whose attachment had been obtained in another tribunal, intervened in the appellants’ suit, set up their subsequent attachment lien, and sought to obtain priority over the appellants’ attachment by alleging that no affidavit had .been made by the appellants or by any one for them before the…
2Cases cited3 opinions
- Stout v. FolgerSupreme Court of Iowa · 1871
- Kruse v. WilsonIllinois Supreme Court · 1875
- Bergesch v. KeevilSupreme Court of Missouri · 1853
3Cited by13 opinions
- Turner v. St. JohnNorth Dakota Supreme Court · 1898
- People's Sav. Bank & Trust Co. v. Batchelder Egg Case Co.Court of Appeals for the Eighth Circuit · 1892
- Georgia State Savings Assoc. v. MarrsSupreme Court of Arkansas · 1928
- Bittick v. StateSupreme Court of Arkansas · 1899
- Kull v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1927
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