Draffin v. Smith
Supreme Court of Arkansas
Appeal from Cross Circuit Court. • Feeix G. Tayeor, Judge. STATEMENT BY THE COURT. This case was tried upon the following state of facts: The plaintiffs, Smith, Graham & Jones brought suit on a promissory note for the sum of $232.50, which was not due, and sued out a writ of attachment, which was levied on the property of the defendant.
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Appeal from Cross Circuit Court. • Feeix G. Tayeor, Judge. STATEMENT BY THE COURT. This case was tried upon the following state of facts: The plaintiffs, Smith, Graham & Jones brought suit on a promissory note for the sum of $232.50, which was not due, and sued out a writ of attachment, which was levied on the property of the defendant. On the calling of the cause for trial in the Cross circuit court, at the spring term, 1894, the note then being past due, and the defendant refusing to confess judgment on the note, the plaintiffs took a voluntary non-suit, and, upon motion of the defendant, a…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) Section two of article nine of the constitution provides that:- “The personal property of any resident of this state, who is married or the head of a family, in specific articles to be selected by such resident, not exceeding in value the sum of five hundred dollars, in addition to his or her wearing apparel, and that of his or her family, shall be exempt from seizure on attachment, or sale on execution or other process from any court, on debt by contract.” Exemption statutes, being intended to prevent families from being deprived of the means of…
2Cases cited2 opinions
- Curlee v. . ThomasSupreme Court of North Carolina · 1876
- Atkinson & Co. v. PittmanSupreme Court of Arkansas · 1886
3Cited by1 opinion
- Booker v. First Nat. BankSupreme Court of Oklahoma · 1926