Desha v. Baker
Supreme Court of Arkansas
Error to Hempsteacl Circuit Court. The defendants in error commenced, in the Court below, their action of debt, by petition against Robert.B.
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Error to Hempsteacl Circuit Court. The defendants in error commenced, in the Court below, their action of debt, by petition against Robert.B. Francis, by suing out a writ of attachment from the Circuit Court, dated the 27th of June, A. D. 1840. The Sheriff returned on the writ, that he executed it,- “ by seizing and taking, by virtue of the within writ, a certain negro boy slave, .named Bill, as the property of the within named Robert B. Francis, and as directed by the plaintiff’s attorney, G. D.Royston, on the 29th day of June, 1840; and I further executed the within writ of garnishment, as…
1Opinion of the CourtDickinson, J.
The only question raised by the pleadings, and upon which the parties rest their case, is, whether there was such an execution and service of the writ of attachment, upon the garnishees, Collier and Smith, as to divest Francis of his right to exercise ownership over the property. As the proceeding by attachment- is an innovation upon the common law, the party claiming to avail himself of its privileges, will not be permitted to travel out of the Statute, by which it is regulated. It is a settled principle that the property of absent debtors is liable by legislation to the payment of debts.…
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- Martin v. ForemanSupreme Court of Arkansas · 1856
- Wile v. CohnU.S. Circuit Court for the Southern District of Iowa · 1894
- Pace v. J. S. Merrill Drug Co.Court Of Appeals Of Indian Territory · 1899
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