Smith v. Feltz
Supreme Court of Arkansas
APPEAL from Arkansas Circuit Court. Hon. R. W. CROCKETT, Special Judge. The writ of scire facias is a provisional remedy, and the affidavit of Eloyd Smith should have been admitted. /SWi 2536 Gantt’s Dig. The discharge in bankruptcy was no answer to the scire facias, as the debt was a fiduciary one. Sec. S3, Bank. Act of 1867; In re Jas. W. Seymour, Int. Ben.
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APPEAL from Arkansas Circuit Court. Hon. R. W. CROCKETT, Special Judge. The writ of scire facias is a provisional remedy, and the affidavit of Eloyd Smith should have been admitted. /SWi 2536 Gantt’s Dig. The discharge in bankruptcy was no answer to the scire facias, as the debt was a fiduciary one. Sec. S3, Bank. Act of 1867; In re Jas. W. Seymour, Int. Ben. Bee., 60; S. G., 1 B. G. B., 25. Smith’s affidavit was properly excluded, and there was no evidence whatever that it was a fiduciary debt. If it was originally, the settlement and note novated his liability as guardian. Makes same points…
1Opinion of the CourtSmith, J.
There are two cases between the same parties ahd involving substantially the same issues. One is a scire facias to revive a judgment rendered November 4, 18G7, by the Circuit Court of Arkansas County against Eeltz in favor of John Eloyd Smith, appellant’s intestate, for the sum of $4,518.91 and costs. The other is a motion to quash and recall two executions issued on the same judgment.
One of the causes shown against the revivor of said judgment, and for staying final process for the satisfaction thereof, is, that the judgment debtor was, on the first day of March, 1870, discharged from all of…
2Cited by6 opinions
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