Messenger v. Dunham
Supreme Court of Arkansas
Appeal from Dee Circuit Court. Grant Green, Jr., Judge. statement by the court. This action arose out of a contract made by plaintiff, Dunham, with defendant, Messinger. By the contract, which was in writing, Dunham agreed that he would erect his saw mill on a certain tract of timber land in Lee county, and proceed to saw the timber, which was owned by him, into lumber for Messinger.
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Appeal from Dee Circuit Court. Grant Green, Jr., Judge. statement by the court. This action arose out of a contract made by plaintiff, Dunham, with defendant, Messinger. By the contract, which was in writing, Dunham agreed that he would erect his saw mill on a certain tract of timber land in Lee county, and proceed to saw the timber, which was owned by him, into lumber for Messinger. Dunham agreed to saw, stack, and load the lumber upon cars for Messinger, under the. direction of his agent, who was to measure the logs before they were sawed by Dunham. Messinger agreed to pay Dunham $8.50 per…
1Opinion of the Court
Riddick, J.,
(after stating the facts). The first contention is that the attachment was not lawfully issued. The attachment having been granted on the ground that the defendant was a non-resident, and the claim of plaintiff set out in the third paragraph being for unliquidated damages, it is contended for that reason that the court could not lawfully sustain the attachment or order a sale of the property. Our statute provides that an attachment “shall not be granted on the ground that the defendant or defendants or any of them is a foreign corporation or non-resident of this state for any…
2Cases cited3 opinions
- New Haven Steam Saw-Mill Co. v. FowlerSupreme Court of Connecticut · 1859
- Jones v. BuzzardSupreme Court of Arkansas · 1840
- Lenox v. HowlandNew York Supreme Court · 1805
3Cited by4 opinions
- Washington County v. DaySupreme Court of Arkansas · 1938
- McClelland v. LintonSupreme Court of Arkansas · 1915
- Welsh v. WoodsHawaii Supreme Court · 1963
- Welsh v. WoodsHawaii Supreme Court · 1963