Smith v. Bank of Higden
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; George W. .Reed, Judge; 1. Tbe certified copy of tbe judgment of the justice of the peace should have been admitted as evidence, because it was necessary for the plaintiff to show that judgment had been rendered against the defendant before he could ask for judgment against the garnishee.
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Appeal from Cleburne Circuit Court; George W. .Reed, Judge; 1. Tbe certified copy of tbe judgment of the justice of the peace should have been admitted as evidence, because it was necessary for the plaintiff to show that judgment had been rendered against the defendant before he could ask for judgment against the garnishee. Kirby’s Dig., § 3055; 33 Ark. 485; Arkansas Justice, § § 377-8-9; 18 Ark. 357. 2. The court erred in giving a peremptory instruction for the defendant. 105 Ark. 136; 104 Ark. 267; 101 Ark. 22. 1.' The judgment offered in evidence is void for want of jurisdiction in the…
1Opinion of the CourtMcCulloch, C. J.
Appellant instituted this action before a justice of the peace in Cleburne County against the defendant, John'S. Hill, to recover a debt due by contract, and sued out an order of general attachment with a garnishment clause against the appellee, Bank of Higden, summoning the latter to appear and answer as garnishee. Allegations against the garnishee were filed, to the effect that the latter was indebted to the defendant in the sum of $300; and proper interrogatories propounded to the garnishee were also filed. In the same action the plaintiff asserted a lien on a lot of staves for labor…
2Cases cited4 opinions
- Porter v. DooleySupreme Court of Arkansas · 1898
- Johnson v. FosterSupreme Court of Arkansas · 1901
- Norman v. PooleSupreme Court of Arkansas · 1902
- Smith v. SpinnenweberSupreme Court of Arkansas · 1914
3Cited by4 opinions
- Bank of Eudora v. RossSupreme Court of Arkansas · 1925
- Blackwell Oil & Gas Co. v. MadduxSupreme Court of Arkansas · 1930
- New York Life Insurance Co. v. CherrySupreme Court of Arkansas · 1932
- Samuelson v. Patterson & Co.Supreme Court of Arkansas · 1921