Wilson v. Phillips
Supreme Court of Arkansas
This was an actioh of assumpsit, determined in the Hot Springs Circuit Court, in August, 1842, before the Hon. John J. Clendenin, one of the circuit judges. The suit was commenced by Phillips against Barton Richmond, by writ of attachment, with clause of garnishment against Wilson and Thorn. The writ was executed on Wilson, Sept. 2d, 1841. In April, 1842, allegations and interrogatories were filed against Wilson, and order of publication taken against Richmond.
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This was an actioh of assumpsit, determined in the Hot Springs Circuit Court, in August, 1842, before the Hon. John J. Clendenin, one of the circuit judges. The suit was commenced by Phillips against Barton Richmond, by writ of attachment, with clause of garnishment against Wilson and Thorn. The writ was executed on Wilson, Sept. 2d, 1841. In April, 1842, allegations and interrogatories were filed against Wilson, and order of publication taken against Richmond. The interrogatories required Wilson to answer what he owed Richmond, and what lands, tenaments, goods, and chattels of Richmond he…
1Opinion of the Court
By the Court,
Sebastian, J.
By the Revised Statutes, ch. 13, sec. 28, it is enacted, “ that if any garnishee shall neglect or refuse to exhibit and file his answers within the time prescribed by this act, to the allegations and interrogatories exhibited and filed by the plaintiff,, the court shall, if judgment be entered against the defendant, enter judgment in favor of the plaintiff’s debt or demand, so ascertained as aforesaid, together with damages and costs of suit.” Notwithstanding the peremptory language of the statute, in requiring judgment to be entered against the garnishee, in default…
2Cited by6 opinions
- O'Connor v. Methodist Hospital of Jonesboro, Inc. (In Re O'Connor)United States Bankruptcy Court, E.D. Arkansas · 1984
- Karoley v. A. R. & T. ElectronicsSupreme Court of Arkansas · 1963
- Harmon v. BellSupreme Court of Arkansas · 1942
- Lewis v. Firestone Tire & Rubber Co.Supreme Court of Arkansas · 1966
- Browning v. RoaneSupreme Court of Arkansas · 1849
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