Baxley v. Laster
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; 1. The complaint does not state facts sufficient to constitute a cause of action. The right is clearly conferred on plaintiffs by statute to have writs of garnishment. Kirby’s Digest, § 3694. See, also, lb. § 3701. And the appellee had the privilege to file-a schedule and claim his exemptions.
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Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; 1. The complaint does not state facts sufficient to constitute a cause of action. The right is clearly conferred on plaintiffs by statute to have writs of garnishment. Kirby’s Digest, § 3694. See, also, lb. § 3701. And the appellee had the privilege to file-a schedule and claim his exemptions. Ib. §v § 3904, 3905. A party can not be held liable for doing what he has a legal right to-do, where the act is done in the manner provided by law. Hale on Torts, 86; 52 Ark. 101. 2. Appellee has a full, complete and adequate remedy at law.…
1Opinion of the CourtBattle, J.
A. J. Laster brought suit against W. D. Baxley and others, to enjoin them from prosecuting against him certain proceedings by garnishment. The defendants have substantially set out the allegations of his complaint as follows:
“The complaint states that the appellee is a resident of the State of Arkansas, a married man, and the head of a family, and that he was working for Leon Dreyfus; that W. B. Baxley had obtained a judgment against him for the sum of $84.70 and costs, and that the said Baxley on the 22d day of March, 1905, procured a garnishment on Leon Dreyfus; that said Dreyfus' answered…
2Cases cited6 opinions
- Scanlan v. GuilingSupreme Court of Arkansas · 1897
- Baxter v. . BaxterSupreme Court of North Carolina · 1877
- Chambers v. PerrySupreme Court of Arkansas · 1886
- Wurmser v. StoneCourt of Appeals of Kansas · 1895
- Weller v. MooreSupreme Court of Arkansas · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Union National Bank v. KutaitSupreme Court of Arkansas · 1993
- Farm Service Cooperative, Inc. v. Goshen Farms, Inc.Supreme Court of Arkansas · 1979
- Peterson v. Worthen Bank & Trust Co., NASupreme Court of Arkansas · 1988
- Smith v. NelsonSupreme Court of Arkansas · 1973
- Greer v. CookSupreme Court of Arkansas · 1908
4 more not listed; retrieve them via the Exa API.