Legal Opinion

Citizens Bank v. Commercial National Bank

Supreme Court of Arkansas

Decided January 27, 1913PublishedCited by 6 opinions

Appeal from Fulton Circuit Court; J ohm, W. Meeks, Judge; STATEMENT BY THE COURT. On the 28th day of March, 1910, the "Wood G-rocer Company, of Mammoth Spring, Arkansas, instituted an action of attachment in a justice of the peace court against L. Starks Company, a foreign corporation, and sued out a writ of garnishment against the Citizens Bank of Mammoth Spring.

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Appeal from Fulton Circuit Court; J ohm, W. Meeks, Judge; STATEMENT BY THE COURT. On the 28th day of March, 1910, the "Wood G-rocer Company, of Mammoth Spring, Arkansas, instituted an action of attachment in a justice of the peace court against L. Starks Company, a foreign corporation, and sued out a writ of garnishment against the Citizens Bank of Mammoth Spring. On the return date of the attachment the Citizens Bank appeared in court and answered that it had in its possession the sum of two hundred forty-nine dollars and forty cents, the property of defendant, L. Starks Company. The…

1Opinion of the CourtHart, J.

(after stating the facts). According to the allegations of the complaint an attachment suit was brought before a justice of the peace against a non-resident defendant and a writ of garnishment was sued out against appellant. Appellant appeared in court and answered that it had a sum of money in its hands belonging to defendant amounting to $249.40. Appellee filed its interplea claiming the money. The justice of the peace dismissed the interplea because it did not comply with section 391 of Kirby’s Digest. Appellee filed its affidavit and bond for appeal, and appellant became surety on' its…

2Cases cited10 opinions

  1. Sannoner v. Jacobson & Co.Supreme Court of Arkansas · 1885
  2. Asheey v. Little RockSupreme Court of Arkansas · 1892
  3. Dyer v. JacowaySupreme Court of Arkansas · 1883
  4. Stewart v. FlemingSupreme Court of Arkansas · 1910
  5. Terry v. RosellSupreme Court of Arkansas · 1877

5 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Oliver v. RouthSupreme Court of Arkansas · 1916
  2. Wm. R. Moore Dry Goods Co. v. FordSupreme Court of Arkansas · 1920
  3. Citizens Bank of Mammoth Spring v. Commercial National Bank of ChicagoSupreme Court of Arkansas · 1915
  4. Johnson v. MantoothSupreme Court of Arkansas · 1913
  5. Featherston v. LambSupreme Court of Arkansas · 1944

1 more not listed; retrieve them via the Exa API.

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