Catchings v. Harcrow
Supreme Court of Arkansas
APPEAL from Drew Circuit Court, in Chancery. J. M. Bradley, Judge. 1. The act (.Mansf. Digest, secs. 4125-6) providing for levying attachments from justices’ courts on land was held constitutional in Rush v. Visart, 42 Ark. 2. Even if appellant’s remedy was at Jaw, it was error to dismiss the bill; but the cause should have been transferred to the proper docket. Mansf. Dig., secs. 4925-p.
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APPEAL from Drew Circuit Court, in Chancery. J. M. Bradley, Judge. 1. The act (.Mansf. Digest, secs. 4125-6) providing for levying attachments from justices’ courts on land was held constitutional in Rush v. Visart, 42 Ark. 2. Even if appellant’s remedy was at Jaw, it was error to dismiss the bill; but the cause should have been transferred to the proper docket. Mansf. Dig., secs. 4925-p. And if no motion is made to transfer, and no objection is made, the court should try the case on its merits. 51 Ark., 411; 52 id., 56; R. R. v. Perry, g'j Ark.; Conger v. Cotton, gj id., 286. Both courts of…
1Opinion of the Court
Smith, J,
J. C. Harcrow opened a mercantile business in the town of Monticello in the spring of 1880. In August and the fall of the same year he bought goods in Memphis, Louisville and St. Louis, to the amount of several thousand dollars, upon a credit. These goods he sold for cash, chiefly in large lots, to other merchants in the same town, and at prices corresponding to the original cost. He paid no debts, and in January, 1881, when he had sold out his stock, had no property in sight, having shortly before sold and conveyed his iron safe, and the house and lot in which he carried on…
2Cited by4 opinions
- Stolz v. FranklinSupreme Court of Arkansas · 1975
- Sledge-Norfleet Co. v. MatkinsSupreme Court of Arkansas · 1922
- Ward v. McPhersonSupreme Court of Arkansas · 1908
- M. L. Sigmon Forest Products, Inc. v. ScrogginsSupreme Court of Arkansas · 1971