Barton v. Ferguson
Court Of Appeals Of Indian Territory
Appeal from the United. States Court for the Southern District. C. B. Kilgore, Judge. Suit in attachment by Barton Bros, against J. F. Ferguson and another. Judgment for defendant. Plaintiff appeals.
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Appeal from the United. States Court for the Southern District. C. B. Kilgore, Judge. Suit in attachment by Barton Bros, against J. F. Ferguson and another. Judgment for defendant. Plaintiff appeals. Appellants sued P. S. Hagy and J. F. Ferguson, alleging that the latter, being indebted to the former, on February 20, 1898, executed and delivered to Hagy three promissory notes, payable to his order (one for $100, due in seven months, one for $100, due in eight months, and one for $64.60, due in nine months,) all bearing interest at 10 per cent, per annum; that afterwards Hagy, being indebted…
1Opinion of the CourtLewis, J.
(after stating the facts.) 1. • Objection is urged to the admissibility and competency of the marshal’s return upon the writ of attachment to establish the value of the goods seized. Section 330 of Mansfield’s Digest of the Laws of. Arkansas prescribes the requisites of. the officer’s return upon an order of attachment. It does not require a valuation of the property attached. In the absence of such requirement by statute, some authorities indicate that the valuation of the officer in his return is béyond the scope of *268Ms duty. If so, it would seem inadmissible upon the question of value in…
2Cases cited5 opinions
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Sanger v. FlowCourt of Appeals for the Eighth Circuit · 1891
- Holliday Bros. v. CohenSupreme Court of Arkansas · 1879
- Blass v. LeeSupreme Court of Arkansas · 1892
- Waples-Platter Co. v. LowCourt of Appeals for the Eighth Circuit · 1893
3Cited by3 opinions
- Lawson v. WarrenSupreme Court of Oklahoma · 1912
- Millus v. Lowrey Bros.Supreme Court of Oklahoma · 1917
- Kirby v. HardinSupreme Court of Oklahoma · 1913