Campbell-Thorpe Grocer Co. v. Watkins
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Western District; Dene H. Coleman, Judge; 1. Tbe statement of facts was all tbe evidence before tbe court and it was error to go beyond tbe record and consider any pleading or contention not raised by the complaint. 2. Tbe court erred in refusing appellant judgment for its debt although the attachment was wrongfully sued out. 3. Appellee was a non-resident and entitled to no exemptions in this State. 190 U. S. 294-9,104 Ark. 234-5; 1.…
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Appeal from Lawrence Circuit Court, Western District; Dene H. Coleman, Judge; 1. Tbe statement of facts was all tbe evidence before tbe court and it was error to go beyond tbe record and consider any pleading or contention not raised by the complaint. 2. Tbe court erred in refusing appellant judgment for its debt although the attachment was wrongfully sued out. 3. Appellee was a non-resident and entitled to no exemptions in this State. 190 U. S. 294-9,104 Ark. 234-5; 1. Loveland on Bankruptcy, § § 128, 890; 196 IT. S. 149.
1Opinion of the CourtSmith, J.
This action was tried in tbe court below on an agreed statement of facts consisting of twelve paragraphs, but we recite here only such facts as we regard essential to a decision of tbe case, and they are as follows : Watkins was a resident of Missouri, but owned a mercantile business at Smithville, in this State, and on October 13, 1916, filed a voluntary petition in tbe bankruptcy court for tbe Southern Division of tbe Western District of Missouri, which was tbe district of bis residence, and accompanying bis petition was a schedule of bis Arkansas stock of goods, which be claimed as exempt…
2Cases cited1 opinion
- In re McCrary Bros.District Court, S.D. Alabama · 1909