Derrick v. Cole
Supreme Court of Arkansas
Appeal from Dee Circuit Court. Grant Green, Jr., Judge. STATEMENT BY THE COURT. This is an appeal from a judgment in an action of trespass.
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Appeal from Dee Circuit Court. Grant Green, Jr., Judge. STATEMENT BY THE COURT. This is an appeal from a judgment in an action of trespass. The facts necessary to an understanding of the issues in the case are that, on the 7th of December, 1892, an order of general attachment was regularly issued from the office of the clerk of the court of common pleas of Dee county, directed to the sheriff of Dee county, and was delivered to the appellee, as constable, at 11 o’clock p. m. of said day, said constable having been designated by the attorney of the plaintiff in the writ to serve the same ; that…
1Opinion of the Court
Hughes, J.,
i. No levy on property in custody °f (after stating the facts.) The first question in this case is, can a sheriff, by virtue of a writ of attachment which came to his hands before another writ of attachment in the hands of a constable came to the hands of the constable, levy upon and take from the possession of the constable, without his consent, property seized and taken possession of by the constable, under the writ received by him as such constable, after, the time when the writ held by the sheriff came to the sheriff’s hands? To this question we answer, “No;” for, when a writ…
2Cases cited3 opinions
- Ludden v. LeavitiMassachusetts Supreme Judicial Court · 1812
- Cross v. FombeySupreme Court of Arkansas · 1891
- Lowry v. WalkerSupreme Court of Vermont · 1833
3Cited by6 opinions
- Naperskie v. TrevillionSupreme Court of Arkansas · 1941
- Earl v. EllisonSupreme Court of Arkansas · 1919
- Lewis v. DillardCourt of Appeals for the Eighth Circuit · 1896
- McKinney v. BlakelySupreme Court of Arkansas · 1908
- Arkadelphia Lumber Co. v. McNuttSupreme Court of Arkansas · 1900
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