Nelson v. Blanks
Supreme Court of Arkansas
Garnishment—Practice.—The proper practice in a justice’s court, where a garnishee in an attachment suit has failed to answer satisfactorily the allegations and interrogatories propounded to him, is to institute suit against him, and a personal judgment against the garnishee in the original suit is not authorized. (Page 349.) Appeal from Ashley Circuit Court.
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Garnishment—Practice.—The proper practice in a justice’s court, where a garnishee in an attachment suit has failed to answer satisfactorily the allegations and interrogatories propounded to him, is to institute suit against him, and a personal judgment against the garnishee in the original suit is not authorized. (Page 349.) Appeal from Ashley Circuit Court. The filing of pleas, answer and taking of appeal were appearances, and waived any defects in the process. 45 Ark. 295; 46 Ark. 251; 38 Ark. 102; 3 Ark. 436; 43 Ark. 545; 4 Ark. 70; 35 Ark. 95; 35 Ark. 276; 1 Ark. 376; 2 Ark. 26; 6 Ark.…
1Opinion of the CourtBunn, C. J.
This is a suit, originally before a justice of the peace, on a duly verified account owing to the appellant here from one W. E. Kittrell, the defendant in the suit. At the institution of the suit, an order of attachment was issued against said defendant. The appellee, Blanks, was named as garnishee in the order of attachment, and summoned as such, and appeared and answered the allegations and interrogations of plaintiff, which had been duly filed in the meantime, in effect denying that he was indebted to said defendant in any sum, and that he had any property in his hands or under his control…
2Cases cited3 opinions
- St. L., I. M. & S. Ry. Co. v. RichterSupreme Court of Arkansas · 1886
- Giles v. HicksSupreme Court of Arkansas · 1885
- Penyan v. BerrySupreme Court of Arkansas · 1889
3Cited by1 opinion
- Lawrence v. Ford Motor Credit Co.Supreme Court of Arkansas · 1970