Legal Opinion

Avera v. Rice

Supreme Court of Arkansas

Decided October 16, 1897PublishedCited by 5 opinions

Appeal from Ouachita Circuit Court. Charles W. Smith, Judge. An assignee is not bound by a judgment against the validity of the assignment, in an action where he was not made a party. 19 Wis. 1Í4; Herman, Estoppel & Res Adjudicata, 202; 15 Ark. 128; '38 Ark. 332.

1Opinion of the CourtBattle, J.

On the 28th of December, 1894, Rice, Stix & Oo. instituted an action in the Ouachita circuit court against Lazarus & Levy, to recover a debt of $1,519.80 due to them by the defendants on an account; and sued out an order of attachment on the ground that the defendants had sold, conveyed and disposed of their property with the intent to cheat and defraud their creditors, and hinder and delay 'them in the collection of their debts; and caused the sheriff to seize the property of the defendants in obedience to the command of the same.

On the 29th of January, 1895, W. F. Avera filed a complaint in…

2Cases cited1 opinion

  1. Probst & Hilb v. WeldenSupreme Court of Arkansas · 1885

3Cited by5 opinions

  1. Davis v. PerrymanSupreme Court of Arkansas · 1956
  2. Biederman v. ParkerSupreme Court of Arkansas · 1912
  3. Doss v. Long Prairie Levee DistrictSupreme Court of Arkansas · 1910
  4. Walthour v. FinleySupreme Court of Arkansas · 1963
  5. Blauser v. BlauserSupreme Court of Arkansas · 1958

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