Legal Opinion

White v. Swann

Supreme Court of Arkansas

Decided April 14, 1900PublishedCited by 5 opinions

Appeal from Pope Circuit Court; Jeremiah G-. Wallace, Judge. STATEMENT BY THE COURT. H. J. White in January, 1895, commenced suit by attachment before a justice of the peace against H. E. Wheeler for the sum of $33.84; alleging as grounds of attachment that the defendant, Wheeler, concealed himself so that summons could not be served upon him.

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Appeal from Pope Circuit Court; Jeremiah G-. Wallace, Judge. STATEMENT BY THE COURT. H. J. White in January, 1895, commenced suit by attachment before a justice of the peace against H. E. Wheeler for the sum of $33.84; alleging as grounds of attachment that the defendant, Wheeler, concealed himself so that summons could not be served upon him. The attachment was levied upon the personal property, and a judgment obtained, ordering it to be sold to satisfy the debt of plaintiff. Thereupon S. W. Swann, the grandfather of the children, appeared as their next friend, and filed a schedule for them,…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) The question in this ease concerns the right of the children of Wheeler, acting by their grandfather and next friend, to claim for their father, in his absence, certain personal property belonging to him as exempt from execution. The statements in the affidavit attached to the schedule of property claimed as exempt show that Wheeler is a resident of the state and head of' a family. So it is clear that, if he had himself made this claim of exemption, it would have been sustained. But one of the chief objects of the homestead and exemption laws is to…

2Cases cited1 opinion

  1. Hollis v. StateSupreme Court of Arkansas · 1894

3Cited by5 opinions

  1. Davis v. CramerSupreme Court of Arkansas · 1918
  2. Binion v. LyleSupreme Court of Oklahoma · 1911
  3. Mennell v. WellsMontana Supreme Court · 1915
  4. Hoskins v. Fayetteville Grocery Co.Supreme Court of Arkansas · 1906
  5. Williams v. SwannSupreme Court of Arkansas · 1952

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