Hardware Co. v. Deere, Mansur & Co.
Supreme Court of Arkansas
APPEAL from Crawford Circuit Court. John S. Little, Judge, Reynolds Bros. were indebted to Deere, Mansur & Co on certain notes. William Reynolds, father of Reynold Bros., was surety on these notes, and, without the knowledg or consent of appellees, instructed his own attorneys to brin suit on the notes in the name of appellees and to procure at tachments against the property of Reynolds Bros.
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APPEAL from Crawford Circuit Court. John S. Little, Judge, Reynolds Bros. were indebted to Deere, Mansur & Co on certain notes. William Reynolds, father of Reynold Bros., was surety on these notes, and, without the knowledg or consent of appellees, instructed his own attorneys to brin suit on the notes in the name of appellees and to procure at tachments against the property of Reynolds Bros. The Ca ruth-Byrnes Plardware Co. likewise procured an attachme against the property oí Reynolds Bros. Subsequently Deere, Mansur & Co. ratified the act of William Reynolds in bringing suit and procuring…
1Opinion of the CourtHemingway, J.
Assuming that the attachment sued out in the name of the appellees was not vitiated by fraud or collusion, we must decide, 1st, if it was their attachment, and if so, 2d, when was the lien fixed in their favor?
i. Right of surety to sue for obligee. The right of attachment is incident to a civil action and ° dependent upon it. Mansf. Dig., sec. 309. An action is a formal demand of one’s rights from another person in a court of justice.
The plaintiff may bring an action either directly in person, or indirectly through an agent, but his assent, in one way or the other is essential, and unless his…
2Cases cited3 opinions
- Taylor v. RobinsonCalifornia Supreme Court · 1859
- Wood v. McCainSupreme Court of Alabama · 1845
- Jones v. MoodyMississippi Supreme Court · 1881
3Cited by5 opinions
- Wimberly v. StateSupreme Court of Arkansas · 1909
- Rice v. DorrianSupreme Court of Arkansas · 1893
- Lowenstein v. CaruthSupreme Court of Arkansas · 1894
- Glaser v. First National BankSupreme Court of Arkansas · 1896
- Asher v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1904