Weller v. Moore
Supreme Court of Arkansas
APPEAL from Pope Circuit Court. G. S. CuNNixgiiam, Circuit-Judge; If the first shedul'e of appellant can be sustained, and' there is no doubt of it, {hen it was unnecessary for bino to file a second schedule against, the same execution, or even an alias, there beiug no change of circumstance whatever. 37 Ark., 283. The action of the justice in issuing the supersedeas was final, and the only remedy was by appeal. 46 Arlc,f 493-7. On motion for reconsideration.
Read the full summary
APPEAL from Pope Circuit Court. G. S. CuNNixgiiam, Circuit-Judge; If the first shedul'e of appellant can be sustained, and' there is no doubt of it, {hen it was unnecessary for bino to file a second schedule against, the same execution, or even an alias, there beiug no change of circumstance whatever. 37 Ark., 283. The action of the justice in issuing the supersedeas was final, and the only remedy was by appeal. 46 Arlc,f 493-7. On motion for reconsideration. Contends that the execution was not a subsequent one, but the same execution which was once superseded, and hence there was no…
1Opinion of the CourtBIttle, J.
The only question in this case, worthy of consideration at this time, is, when a defendant in an execution bas once made his schedule, and had the personal property claimed by him as exempt from execution set apart to him, is he required when a subsequent exeeu-' tion issues against him on the same judgment, again to make out his schedule, claiming the same property as-. exempt, and have it set apart to Mm, to entitle Mm to its exemption from the second execution?
The statute says: “ Whenever any resident of this state shall, upon the issue against him, for the collection ■of any debt by…
2Cited by4 opinions
- Baxley v. LasterSupreme Court of Arkansas · 1907
- Meyers Co. v. MirabalNew Mexico Supreme Court · 1921
- Parker v. Independence Produce Co.Court Of Appeals Of Indian Territory · 1899
- Parker v. Independence Produce Co.Court Of Appeals Of Indian Territory · 1899