People's Sav. Bank & Trust Co. v. Batchelder Egg Case Co.
Court of Appeals for the Eighth Circuit
In Error to tlie Circuit Court of the United States for the Eastern District of Arkansas. Action commenced by attachment by the People’s Savings Bank & Trust Company against the Batchelder Egg Case Company, in the circuit court of Arkansas, and subsequently removed by defendant to the United States circuit court. That court declared the writ of attachment void, and rendered final judgment- thereon against the plaintiff. Plaintiff brings error.
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In Error to tlie Circuit Court of the United States for the Eastern District of Arkansas. Action commenced by attachment by the People’s Savings Bank & Trust Company against the Batchelder Egg Case Company, in the circuit court of Arkansas, and subsequently removed by defendant to the United States circuit court. That court declared the writ of attachment void, and rendered final judgment- thereon against the plaintiff. Plaintiff brings error. Statement by Caldwell, Circuit .Judge: On tlie 16th of August, 1890, tlie plaintiff in error brought suit by attachment against the defendant in the…
1Opinion of the Court
Caldwell, Circuit Judge,
(after staling the fads.) By the provisions of section 438. Gantt’s Dig. St. Ark., an attachment for a debt not due had to be granted by the court in which the action was brought, or by the judge thereof, or some circuit judge; and by the provisions of section 439 the order of the court or judge granting the attachment had to specify the amount for which it was allowed. Subsequently section 438 was amended (act approved March 18, 1881, p. 99) by conferring on the clerk of the court the same power and authority to grant an attachment for a debt not due that ivas…
2Cases cited10 opinions
- Sannoner v. Jacobson & Co.Supreme Court of Arkansas · 1885
- Michigan Insurance Bank v. EldredSupreme Court of the United States · 1889
- Lynde v. the CountySupreme Court of the United States · 1873
- Clute v. CluteNew York Supreme Court · 1847
- Fortenheim v. Claflin, Allen & Co.Supreme Court of Arkansas · 1885
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3Cited by10 opinions
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Bowden v. BurnhamCourt of Appeals for the Eighth Circuit · 1894
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- O'Connell v. ReedCourt of Appeals for the Eighth Circuit · 1893
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