Fowler v. McClelland
Supreme Court of Arkansas
This was a proceeding by garnishment, determined in Pulaski Circuit Court, in November, 1841, before the Hon. JohnJ. Glen-denin, one of the circuit judges. McClelland, a judgment creditor of William and Jesse B. Badgett, sued a writ of garnishment against Fowler, as administrator of Robert Crittenden, and as debtor, in that capacity, of the Badgetls.
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This was a proceeding by garnishment, determined in Pulaski Circuit Court, in November, 1841, before the Hon. JohnJ. Glen-denin, one of the circuit judges. McClelland, a judgment creditor of William and Jesse B. Badgett, sued a writ of garnishment against Fowler, as administrator of Robert Crittenden, and as debtor, in that capacity, of the Badgetls. On interrogatories filed against him in that capacity, he answered, stating an allowance in the Probate Court, in favor of the Badgetts against the estate of Crittenden, and an order of that court that he should pay a certain dividend on that…
1Opinion of the Court
By the Court,
Ringo, C. J.
The case is clearly within the principles upon which this court proceeded in deciding the cases of Thorn & Robins vs. Woodruff & Rutherford, and Trowbridge & Jennings vs. Means, at the last term. The judgment here is given against the plaintiff in error in his fiduciary or representative character as administrator, and if it was correctly given against him in that character, it would come within the rule established in the former case; but if it was in this respect erroneously given, and should, upon the facts as shown, have been entered against him in his individual…
2Cited by3 opinions
- Equifax, Inc. v. LusterDistrict Court, E.D. Arkansas · 1978
- Independence Federal Bank, F.S.B. v. WebberSupreme Court of Arkansas · 1990
- Gill v. MiddletonSupreme Court of Arkansas · 1895