United States Fidelity & Guaranty Co. v. Smith
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; STATEMENT by the court. The Fidelity Company sued appellee for $1,956.83, which it had to pay to the Chicago, Rock Island & Pacific Railway Company, as surety upon the indemnity bond of appellee, who was the station agent of said railroad company at Lonoke, and failed to pay over that amount received by him for said company in the performance of his duty.
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Appeal from White Circuit Court; Hance N. Hutton, Judge; STATEMENT by the court. The Fidelity Company sued appellee for $1,956.83, which it had to pay to the Chicago, Rock Island & Pacific Railway Company, as surety upon the indemnity bond of appellee, who was the station agent of said railroad company at Lonoke, and failed to pay over that amount received by him for said company in the performance of his duty. Attachments were also issued and levied upon certain of his real estate in White County. Appellee answered, denying the allegations of the complaint, and an amendment to the complaint…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended by appellant that, notwithstanding the lands attached constituted the homestead of appellee, they were nevertheless subject to the payment of its judgment.
Article 9, section 3, of the Constitution exempts the homestead of a resident of the State from the lien of any judgment or decree of any court, and from sale under execution' or other process thereon, except such as may be rendered for the purchase money * * * or against executors, administrators, guardians, receivers, attorneys for moneys collected by them, and other trustees of an…
2Cases cited4 opinions
- Hinkle v. BroadwaterSupreme Court of Arkansas · 1905
- Ferguson v. Little Rock Trust Co.Supreme Court of Arkansas · 1911
- Du Pont v. BeckIndiana Supreme Court · 1881
- Barnard & Co. v. SykesMississippi Supreme Court · 1894
3Cited by10 opinions
- Morgan v. American Fidelity Fire Ins. CoCourt of Appeals for the Eighth Circuit · 1954
- Fluke v. SharumSupreme Court of Arkansas · 1915
- Pharr v. FinkSupreme Court of Arkansas · 1922
- White v. TurnerSupreme Court of Arkansas · 1941
- Carr v. HarringtonSupreme Court of Arkansas · 1913
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