Atkins v. Swope
Supreme Court of Arkansas
APPEAL from Monroe Circuit Court. Hon. J. N. Cypert, Circuit Judge. STATEMENT. On the fourth day of December, 1878, Atkins sued’ Swope, in the Monroe Circuit Court, on a promissory note-for $430, due December 1st, 1878, for rent of land for that, year, and caused a specific attachment to be issued and levied upon cotton, produced on the land, to enforce Ms landlord’s lien for the rent.
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APPEAL from Monroe Circuit Court. Hon. J. N. Cypert, Circuit Judge. STATEMENT. On the fourth day of December, 1878, Atkins sued’ Swope, in the Monroe Circuit Court, on a promissory note-for $430, due December 1st, 1878, for rent of land for that, year, and caused a specific attachment to be issued and levied upon cotton, produced on the land, to enforce Ms landlord’s lien for the rent. Swope answered in two paragraphs ; in the first, by way of set off, “that Atkins was-indebted to him in the sum of $456 25, by note, made January 24, 1877, and due December 1st, 1878.” In the second, “that he…
1Opinion of the CourtEakin, J.
No question is made in this case, of the validity of plaintiff’s note. The whole controversy arises upon the note pleaded as a set-off, independently of which, there was, strictly speaking, no defense.
sale by plaintiff of proper^y^ in tbleao-
^¿l”rV|0H" no right to it propor-
So muck of the answer as claims damages on account of the attachment, or the value of the cotton taken under it, which had been allowed to go into plaintiff’s hands, was out of place as matter of defense, and might well, upon motion, have been stricken out. An attachment has no bearing whatever upon the merits of a suit.…
2Cited by15 opinions
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