Brown v. Doneghey
Supreme Court of Arkansas
APPEAL from Faulkner Circuit Court. Hon. G-. W. Denison, Special Judge. Five days’ notice was not given as required. Sec. 3006 Mansf. Digest. The statute must be complied with. A? Ark. 21¡,9. The law as to notice is simply directory, not mandatory. Any notice to the creditor which protects him fraud, surprise or imposition satisfies the spirit of the law. 1 Burr., 4411 Potter’s D. W. on Stat., 224; Thompson on Home § Fx., see. 652-3, 833.
1Opinion of the CourtCockrill, C. J.
This case is ruled by the ease of Garrett Bros. v. Wade, ante.
The appellee’s property was held by a constable under execution. He applied to the justice of the peace, who-issued the writ, to file his schedule of exempted property and issue a supersedeas to restrain the sale. The notice required by the statute had not been served on the plaintiff in execution five days before the schedule was offered, and the justice refused to issue the supersedeas for that reason. The defendant thereupon filed an affidavit and bond for appeal to the circuit court to prevent the sacrifice of his exemptions.…
2Cited by1 opinion
- Blass v. ErberSupreme Court of Arkansas · 1898