Race v. Malony
Supreme Court of Arkansas
Error from Elk District Court. Malony commenced an action against R. T. Race on two' promissory notes, and caused an attachment to be levied on certain personal property. Defendant, being a non-resident, was served by publication. Charles H. Race, brother of the defendant, interpleaded, claiming the property attached.
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Error from Elk District Court. Malony commenced an action against R. T. Race on two' promissory notes, and caused an attachment to be levied on certain personal property. Defendant, being a non-resident, was served by publication. Charles H. Race, brother of the defendant, interpleaded, claiming the property attached. On the trial of this interplea, October Term, 1877, of the district court, judgment was given against the interpleader, Charles H. Race, and in the original action, judgment was rendered by default against the defendant, R. T. Race, for the amount of the notes, and an order was…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
W. H. Malony commenced an action against E. T. Eace in the district court of Elk county on two promissory notes, and caused an attachment to be levied on certain personal property. Defendant, being a non-resident, was served by publication. Chas. H. Eace, brother of the defendant, filed his interplea, claiming the property attached. On the trial of this interplea, judgment was rendered against him, and in the original action judgment was rendered by default against the defendant for the am hunt of the notes, and an order also entered for the…
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