Legal Opinion

Traylor v. Allen

Supreme Court of Arkansas

Decided June 15, 1895PublishedCited by 2 opinions

Appeal from Pulaski Circuit Court, Second Division. Joseph W. Martin, Judge. The want of jurisdiction was not raised by Allen, and is not involved. If it were, the schedule shows a separate debt of $250, which was within tfie court’s jurisdiction.

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Appeal from Pulaski Circuit Court, Second Division. Joseph W. Martin, Judge. The want of jurisdiction was not raised by Allen, and is not involved. If it were, the schedule shows a separate debt of $250, which was within tfie court’s jurisdiction. But we think the larger debt was subject to garnishment for the $125 due. 47 Ark. 219 ; 31 id. 652 ; 46 id. 493. The justice had no jurisdiction, and the circuit court acquired none on appeal. 5 Ark. 214, 354. 47 Ark. 219 is not in conflict with the doctrine laid down in 5 Ark., supra.

1Opinion of the CourtBattle, J.

George M. Traylor & Co. recovered a judgment against Claude Allen before a justice of the peace of Drew, and afterward filed a transcript of the same before a justice of the peace of Pulaski county, and thereupon caused the Arkansas Pire Insurance Company to be summoned to answer “what goods, chattels, moneys, credits or effects it may have in its possession or hands belonging to” Allen to satisfy their judgment. The insurance company answered, and admitted that it was indebted to Allen upon a certain policy of insurance in the sum of one thousand dollars. Upon this answer, Traylor & Co. seek…

2Cases cited4 opinions

  1. Martin v. ForemanSupreme Court of Arkansas · 1856
  2. More v. WoodruffSupreme Court of Arkansas · 1843
  3. Moore & Co. v. KelleySupreme Court of Arkansas · 1886
  4. Woodruff v. GriffithSupreme Court of Arkansas · 1844

3Cited by2 opinions

  1. Davis v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1904
  2. McGowan v. FreeberrySupreme Court of Arkansas · 1918

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