Dodson v. Butler
Supreme Court of Arkansas
Appeal from Ashley Circuit. Court; Henry W. Wells, Judge; Where money has been paid over to one under a judgment which is afterwards reversed on appeal, the repayment thereof can not be compelled by contempt proceedings, but only by civil action against the one who received it.
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Appeal from Ashley Circuit. Court; Henry W. Wells, Judge; Where money has been paid over to one under a judgment which is afterwards reversed on appeal, the repayment thereof can not be compelled by contempt proceedings, but only by civil action against the one who received it. Kirby’s Digest, § 1240; Rev. Stat. 1838, ch. 117, § 42; 13 Ark. 332. It is a condition precedent to the enforcement of rights by summary or extraordinary proceedings that the civil remedy be exhausted. If the writ of restitution is still available under our Code, it is sufficient to say that appellees have not pursued…
1Opinion of the CourtFrauenthal, J.
This is an appeal from a judgment declaring the appellants guilty of contempt for a failure to comply with an order adjudging that they pay into court certain funds received by them under a judgment which was subsequently reversed. The case has been before this court on two former occasions, and the opinions then rendered will be found in the cases of Butler v. Dodson, reported in 78 Ark. 569, and 95 Ark. 615.
Briefly stated, the matters leading up to the present appeal are these: -The appellants originally instituted an action for debt against one Joseph Meehan, and at the same time sued out…
2Cases cited17 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Reynolds v. HarrisCalifornia Supreme Court · 1860
- Coughlin v. EhlertSupreme Court of Missouri · 1866
- Meeks v. StateSupreme Court of Arkansas · 1906
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3Cited by16 opinions
- Davison v. DavisonSupreme Court of Kansas · 1928
- Hoffman v. LateSupreme Court of Arkansas · 1953
- Coker & Bellamy v. RicheyOregon Supreme Court · 1923
- Ex Parte FullerSupreme Court of Missouri · 1932
- Hudson v. Union & Mercantile Trust Co.Supreme Court of Arkansas · 1921
11 more not listed; retrieve them via the Exa API.