Quellmalz Lumber & Manufacturing Co. v. Day
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; B,. H. Dudley, Judge; 1. Argues the merits of the suit submitting that replevin did not lie for property seized under a valid judgment and sold under a valid order of sale. 94 Ark. 384; Kirby & Castle’s Digest, § 8426. 2. Tbe court erred in tbe admission and exclusion of testimony. 3. There was error in tbe instructions.
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Appeal from Clay Circuit Court, Western District; B,. H. Dudley, Judge; 1. Argues the merits of the suit submitting that replevin did not lie for property seized under a valid judgment and sold under a valid order of sale. 94 Ark. 384; Kirby & Castle’s Digest, § 8426. 2. Tbe court erred in tbe admission and exclusion of testimony. 3. There was error in tbe instructions. Tbe property was legally sold and reported and tbe sale confirmed. 64 Ark. 96; 90 Id. 166; 82 Id. 414; 77 Id. 216; 24 Cyc. 72 E.; 35 Ark. 445. 4. Tbe verdict is contrary to tbe law and tbe evidence. 1. Argues tbe merits of tbe…
1Opinion of the CourtHart, J.
T. E. Day sued tbe Henry Quellmalz Lumber & Manufacturing Company in replevin to recover forty-two stacks of lumber containing about 95,000 feet and alleged to be of tbe value of $1,000.00. Tbe Lumber & Manufacturing Company defended on tbe ground that it bad bought tbe lumber at an attachment sale made after tbe attachment of tbe lumber bad been sustained and judgment bad been rendered against Day in favor of tbe Federal Lumber Company. Tbe material facts are as follows:
In tbe fall of 1914, tbe Federal Lumber Company sued T. E. Day on an account and bad an attachment issued on tbe ground…
2Cases cited10 opinions
- Bolen v. CumbySupreme Court of Arkansas · 1890
- Miller v. HenrySupreme Court of Arkansas · 1912
- Tabor v. HippSupreme Court of Georgia · 1911
- Porter, Taylor & Co. v. HansonSupreme Court of Arkansas · 1880
- Hopson v. FriersonSupreme Court of Arkansas · 1912
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sieb's Hatcheries, Inc. v. LindleyDistrict Court, W.D. Arkansas · 1953
- Sallee v. Bank of CorningSupreme Court of Arkansas · 1918
- Local Union No. 656 v. Missouri Pacific RailroadSupreme Court of Arkansas · 1953
- Jenkins v. SmithSupreme Court of Arkansas · 1926
- Netherton v. Baldor Electric Co.Supreme Court of Arkansas · 1960
6 more not listed; retrieve them via the Exa API.