Farmers' Union Gin & Milling Co. v. Seitz
Supreme Court of Arkansas
Appeal from Greene Chancery Court; Edward D. Robertson, Chancellor; 1. The court- had no jurisdiction to hear and determine Seitz’s right to schedule. This is an action to impound a certain fund, and such an action is not within the exemption statutes of this State.
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Appeal from Greene Chancery Court; Edward D. Robertson, Chancellor; 1. The court- had no jurisdiction to hear and determine Seitz’s right to schedule. This is an action to impound a certain fund, and such an action is not within the exemption statutes of this State. Kirby’s Dig., § § 3904-3906; Const., art. 9, § § 1 and 2. These, statutes contemplate the filing of a schedule only in cases where an execution or other process has been or will be issued; and in this case, the fund being already in court, no process was necessary, nor was any sought. This court has held that, unless the debtor’s…
1Opinion of the CourtBattle, J.
Farmers’ Union Gin & Milling Company, a corporation, brought suit against W. L. Seitz, A. D. Graj^son, George W. Cox and St. Louis Southwestern Railway Company, in the Greene Chancery Court. It alleged that it commenced an action on the 20th day of December, 1907, before a justice of the peace, against the defendant, Seitz, to recover the sum of ninety-eight dollars, and recovered a judgment against him for that amount; and on the 14th day of January, 1908, sued out before said justice of the peace a writ of garnishment against the St. Louis Southwestern Railway Company, commanding the…
2Cases cited1 opinion
- Porch v. Arkansas Milling Co.Supreme Court of Arkansas · 1898
3Cited by2 opinions
- Crawford v. SternbergCourt of Appeals for the Eighth Circuit · 1915
- Swift & Co. v. CoxSupreme Court of Arkansas · 1919