Blass v. Erber
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. The affidavit for appeal is defective. Sand. & H. Dig., § 5749. The requisite notice of filing the schedule was not given. Sand. & H. Dig., § 3718. Nor does the schedule state that the claim is for a debt of contract. This is necessary. Sand. & H. Dig., § 3716. A debtor must file his claim to exemptions before judgment against the garnishee, or he is too late. 62 Ala. 397; 52 Pa.
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Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. The affidavit for appeal is defective. Sand. & H. Dig., § 5749. The requisite notice of filing the schedule was not given. Sand. & H. Dig., § 3718. Nor does the schedule state that the claim is for a debt of contract. This is necessary. Sand. & H. Dig., § 3716. A debtor must file his claim to exemptions before judgment against the garnishee, or he is too late. 62 Ala. 397; 52 Pa. St. 423; 37 Iowa, 129; 28 Ark. 485; 33 Ark. 464. The judgment against the garnishee is res judicata, and the debtor cannot go behind it to set up his claim…
1Opinion of the CourtBunn, C. J.
This is a controversy over a claim of exemption of a debt involved in a garnishment proceeding, begun in one of the justice-of-the-peace courts of Pulaski county, where the claim of exemption was disallowed in part, and, on appeal to the second division of the circuit court, was there allowed, from which judgment of allowance the plaintiff in garnishment took the appeal to this court. Gus Blass & Co. in said justice’s court recovered judgment against Mrs. Sarah Erber. Afterwards the plaintiff filed their complaint, and thereon their allegations and interrogatories against one A. Lofton, as…
2Cases cited5 opinions
- Randolph v. LittleSupreme Court of Alabama · 1878
- Robinson v. SwearingenSupreme Court of Arkansas · 1891
- Webb v. EdwardsSupreme Court of Alabama · 1871
- Elder v. CrabtreeSupreme Court of Arkansas · 1894
- Brown v. DonegheySupreme Court of Arkansas · 1885
3Cited by6 opinions
- National Surety Co. v. Bertig Bros.Supreme Court of Arkansas · 1917
- Petersen v. SwansonIdaho Supreme Court · 1931
- Williams v. WheelerSupreme Court of Arkansas · 1917
- Sanford v. Otasco, Inc.Supreme Court of Arkansas · 1980
- McDonald v. CaseSupreme Court of Arkansas · 1937
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