Austin v. Goodbar Shoe Co.
Supreme Court of Arkansas
Appeal from Pope Circuit Court. Jeremiah G. Waeeace, Judge. STATEMENT BY THE COURT. On the 7th October, 1892, appellee filed its complaint against Kinedy & Evans, merchants doing business in the town of Atkins, in the Pope county circuit court, and at the same time filed its affidavit for an order of attachment as for debt not yet due and its cost bond, and the order was issued and delivered to the sheriff at 7 p. m. of that day.
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Appeal from Pope Circuit Court. Jeremiah G. Waeeace, Judge. STATEMENT BY THE COURT. On the 7th October, 1892, appellee filed its complaint against Kinedy & Evans, merchants doing business in the town of Atkins, in the Pope county circuit court, and at the same time filed its affidavit for an order of attachment as for debt not yet due and its cost bond, and the order was issued and delivered to the sheriff at 7 p. m. of that day. On the same day the appellant filed its ,complaint, affidavit, attachment and bond, and caused to bé issued an order of attachment against the property of Kinedy &…
1Opinion of the CourtBunn, C. J.
(after stating the facts.) The only question in this case is as to the effect the failure to give the attachment bond had upon the judgment in attachment in favor of appellee.
In Ford v. Hurd, 4 Smedes & Marshall, 683, the Supreme Court of Mississippi held, on the motion of a garnishee, that, when no bond has been filed, a judgment in attachment was absolutely void. So in the case of Houston v. Belcher, 12 Smedes & Marshall, 514, the same court held, on the motion of a non-resident, that the judgment was void where no bond had been filed. It is to be remarked, however, that in Mississippi they…
2Cases cited3 opinions
- Sannoner v. Jacobson & Co.Supreme Court of Arkansas · 1885
- Van Loon v. . LyonsNew York Court of Appeals · 1874
- Martin v. ThompsonCourt of Appeals of Kentucky · 1813
3Cited by3 opinions
- Missouri Pacific R.R. Co. v. McLendonSupreme Court of Arkansas · 1932
- G.A.C. Trans-World Acceptance Corp. v. Jaynes Enterprises, Inc.Supreme Court of Arkansas · 1973
- G.A.C. Trans-World Acceptance Corp. v. Jaynes Enterprises, Inc.Supreme Court of Arkansas · 1973