Rosewater v. Schwab Clothing Co.
Supreme Court of Arkansas
Appeal from Carroll Circuit Court, Western District. Edward S. McDaniel, Judge. 1. There was no issue made by the pleadings. The interpleaders were claimants of the goods, and filed their complaint under section 356, Mansfield’s Digest, and the court should have required plaintiff to answer, so as to make an issue of fact. Pleadings must be written.
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Appeal from Carroll Circuit Court, Western District. Edward S. McDaniel, Judge. 1. There was no issue made by the pleadings. The interpleaders were claimants of the goods, and filed their complaint under section 356, Mansfield’s Digest, and the court should have required plaintiff to answer, so as to make an issue of fact. Pleadings must be written. Mansfield’s Digest, secs. 4124, 5020, 5024-5. 2. Mrs. Thornton could not testify, for her husband was a party. 34 Ark. 675. 3. The testimony of A. Davis should not have been admitted. He was the attorney of Pendergrass. 21 Ark. 387. 4. The court…
1Opinion of the CourtMansEieed, J.
The Schwab Clothing Company brought an action in the Carroll circuit court against K. B. Thornton to recover the amount of a debt due to that company from Thornton, and obtained an attachment against his property, on the alleged ground that he had sold and conveyed it with the fraudulent intent to cheat, hinder, or delay his creditors. The attachment was levied upon a stock of merchandise found in the possession of B. J. Rosewater and H. T. Pendergrass, who had purchased the same from Thornton before the attachment issued. Rosewater and Pendergrass having filed an interplea claiming the…
2Cases cited12 opinions
- Sannoner v. Jacobson & Co.Supreme Court of Arkansas · 1885
- Greer v. LawsSupreme Court of Arkansas · 1892
- Sharp v. JohnsonSupreme Court of Arkansas · 1860
- Williams v. VanmetreIllinois Supreme Court · 1857
- Andrews v. SimmsSupreme Court of Arkansas · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bachus v. BachusSupreme Court of Arkansas · 1950
- Beasley v. HaneySupreme Court of Arkansas · 1910
- Wright v. AaronSupreme Court of Arkansas · 1948
- Superior Oil Co. v. EtheridgeSupreme Court of Arkansas · 1951
- DeLoach Mill Manufacturing Co. v. Little Rock Mill & Elevator Co.Supreme Court of Arkansas · 1898
3 more not listed; retrieve them via the Exa API.